My understanding
The newly elected would participate because it isn't an actual vote of congress, and it isn't something that takes effect now. It the Dems deciding amongst themselves who will have certain leadership positions. A formal vote might be required once the new congress sits, but that would probably just be a formality, as its unlikely any body will not get with the program of their party.
Edit - Apparently I'm right -
"The Speaker of the United States House of Representatives is the presiding officer of the lower house of Congress, the House of Representatives. The current Speaker is Dennis Hastert, a Republican Congressman from Illinois, whose term will expire at the end of the 109th Congress on January 3, 2007. On November 16, Nancy Pelosi, the House Democratic leader, was nominated by her party to be Speaker of the House for the 110th Congress; she would be the first woman to hold the office. The election for Speaker of the House will occur when the new Congress convenes in January 2007; however, since Democrats control the chamber, this election is merely a formality."
"Election
Article One of the United States Constitution provides, "The House of Representatives shall chuse [sic] their Speaker and other Officers..." The Speaker has always been a member of the House of Representatives. The text of the Constitution does not make this a requirement, however, and some legal writers have wondered if the House could elect a nonmember as Speaker. (Occasional votes have been cast for persons other than sitting Representatives in speakership elections, and they were counted, though this is not a meaningful precedent since whether these votes were counted would not have affected the result.) Speakers are elected following each biennial general election and serve two-year terms. A new Speaker is also elected if the Speakership becomes vacant during a Congress due to death or resignation.
At the beginning of each new term of Congress (January in each odd-numbered year), the Clerk of the House of Representatives presides over the election of a Speaker. Before the election, the congressional conference of each major party (Democratic or Republican) nominates a candidate; the conference chairman delivers a nomination speech on the day of the election. Thereafter, the Clerk calls the roll of the House; when a member's name is called, the member verbally announces his or her vote. (Originally, the Speaker was elected by secret ballot; in 1839, however, it was decided to adopt the voice vote.) Members are not required to vote for one of the nominees; they may vote for an individual who was not previously nominated, if they please. However, a member who does not vote for his or her party's nominee may be punished by the party leadership, possibly losing committee assignments. Therefore, members very rarely fail to vote for the candidates nominated by their parties.
Once all members have cast their votes, the Clerk announces the result. In order to be elected, a candidate must receive a simple majority of those voting (not necessarily a simple majority of the total membership of the House). If no candidate receives the requisite majority, the House repeats the procedure until a Speaker is elected. Normally, a single call of the roll suffices, and the election is completed on the first day of the session. After announcing the result, the Clerk appoints a committee of members to formally escort the Speaker to the presiding officer's chair. The Speaker is then sworn in by the Dean of the House (the most senior member). The same procedure for election is used if a Speaker dies or resigns."
en.wikipedia.org |
