What is a Motion to Vacate? How It Works — And How McCarthy’s Battle to Keep His Speakership Could Play Out

House Speaker Kevin McCarthy, R-Calif., is facing a threat to his speakership after Rep. Matt Gaetz, R-Fla., filed a motion to vacate against McCarthy on Monday.

For months, Gaetz had been teasing the motion amid Republican in-fighting over federal spending and, after narrowly avoiding a government shutdown, the hardline Republican followed through.

McCarthy has welcomed the challenge from Gaetz, telling his colleague to "bring it on." Now, that Gaetz has, McCarthy has to act fast in gaining support, which might have to include Democrats, in order to stay in his leadership role.

The Speaker will reportedly defend his job as House leader on the floor Tuesday afternoon, according to GOP lawmakers who attended a private meeting.

The chamber vote on whether to leave the speaker in place or oust him will take place around 1 p.m. or 2 p.m.

Here is what you need to know about a motion to vacate and what it could mean for McCarthy and the future of the House.

What is a motion to vacate?

A motion to vacate is a House of Representatives congressional procedure to remove an acting Speaker of the House from their position. It is formerly known as a resolution to vacate the Office of the Speaker.

When he was elected as House Speaker, McCarthy agreed to a number of concessions brought by Republicans. One of which, allows just one member, any member, of the House the ability to put forth a motion to vacate.

Republicans currently hold a 221-212 majority in the House, meaning to survive a vote, McCarthy can't afford to lose more than four Republicans unless he gains support from Democrats.

So far, seven House Republicans, including Gaetz, have said they will vote or are learning toward a vote to oust McCarthy, according to a recent report from Punchbowl News.

Under McCarthy's predecessor, Rep. Nancy Pelosi, D-Calif., a motion to vacate required the support of one party's majority in order to bring it to the House floor.

When will the House vote on the motion?

The matter is considered a privileged resolution, therefore it must be voted on within 48 hours of filing.

Speaker McCarthy reportedly told fellow GOP lawmakers in a meeting on Tuesday that he will defend his leadership on the House floor Tuesday, scheduling of vote for 1 p.m. or 2 p.m. the same day.

He previously had two legislative days, Tuesday and Wednesday, to schedule a vote on the matter.

Can McCarthy fight the motion?

McCarthy's only hope to hold onto to the speakership may lie in the hands of House Democratic Leader Hakeem Jeffries, D-N.Y. If Republicans continue to break away from the speaker, McCarthy will need Democrats to step up and vote against the motion to vacate.

However, Democrats are reportedly urging Jeffries not to help McCarthy. The House speaker reportedly called Jeffries late Monday night in a last-ditch effort to save his seat as leader of the House. Jeffries has indicated he will not chose to support McCarthy unless he receives approval from the Democratic Caucus, who met behind closed-doors on Monday to discuss the matter.

If the motion passes, what happens next?

In order to pass the motion, it simply needs a majority vote from the House. If it does pass, McCarthy will be removed as Speaker of the House, leaving the position open for an alternative.

Procedural votes could be offered as a way to slow the motion, but when it comes to the floor, all it needs is the majority.

The resolution is also subject to motions that could block a vote on the matter. Lawmakers can motion to table the resolution or refer it to a committee. If those motions were successful, a floor vote on the motion to vacate would not move forward.

A group of Democrats could also vote "present" on the motion, which would lower the 218-vote threshold needed to pass the measure through the majority, forcing Republicans to determine McCarthy's fate on their own.

However, if motions to block the vote fail and a vote on the resolution is called and succeeds, the speakership is immediately vacated.

There are three possible scenarios where McCarthy could remain Speaker as a result of the vote: 1) McCarthy could make it out unscathed, his position in tact, should Republicans stand by his side, 2) The speaker could get by with help from Democrats, or 3) McCarthy is removed as House Speaker, but his House allies re-nominate him to serve the role after the position is vacated.

Once the role is vacated, the House will be presided over by a temporary speaker. This person would only handle administrative responsibilities and unrelated legislation would have to wait until an official new speaker is chosen by the government body according to the U.S. Chamber of Commerce.

As for who would replace McCarthy, talks among Republicans suggested Majority Whip Tom Emmer, R-Minn., as a viable replacement, however Emmer said he had no interest in the position and pledged support for McCarthy.

Has this ever happened before?

The motion to vacate was first used in 1910 when then-Speaker Joseph Cannon, a Republican, issued the motion on himself in order to force his own party's critics to pledge whether or not they supported him, as he was facing a revolt. However, the motion failed. The Cannon House Office Building is named after him.

Republican Speaker New Gingrich was threatened with a motion to vacate in 1997. The resolution was never officially filed, as Gingrich was able to calm down resistance against him. He later stepped down from his role in 1998 after the midterms elections.

In 2015, before he served as chief of staff to former President Donald Trump, then-Rep. Mark Meadows, R-N.C., filed a motion to vacate House Speaker John Boehner, a Republican. Although the motion did not result in a vote, Boehner resigned a few months later.

No Speaker of the House of Representatives has successfully been removed using a motion to vacate.