Rep. Tom Kean Jr. (R-N.J.) and former Senate Majority Leader Mitch McConnell (R-Ky.) have both experienced significant absences from Congress due to health issues. Kean was absent for several months earlier this year, and upon his return in June, he disclosed that he had been hospitalized for depression. McConnell's absence was similarly unclear; his office announced in June that he was hospitalized but did not provide details until weeks later, revealing he had been treated for a fall and pneumonia.
The lack of information surrounding their health has led to speculation about the potential for their seats to be declared vacant. This situation has raised questions among constituents about the need for a mechanism to remove lawmakers who are unable to serve for extended periods.
The U.S. Constitution outlines the qualifications for serving in the House and Senate but does not address issues related to health or attendance. Article I, Section 2 states that a Representative must be at least 25 years old, a U.S. citizen for seven years, and a resident of the state they represent. Similarly, Article I, Section 3 requires Senators to be at least 30 years old, a U.S. citizen for nine years, and a resident of their state.
While Congress has the authority to expel members, the Constitution does not specify the grounds for removal based on health or attendance. Historical examples include lawmakers like the late Sen. Carter Glass (D-Va.), who remained in office despite being incapacitated for years, and the late Sen. Karl Mundt (R-S.D.), who could not speak due to a stroke but served until his term expired.
The article highlights that there is no formal succession plan for lawmakers who are unable to fulfill their duties due to health issues. In contrast, if a House member dies or resigns, a special election is required to fill the vacancy, while Senate vacancies can be filled by gubernatorial appointment in most states.
The current composition of the House is 431 members, with Republicans holding a narrow majority. Extended absences by members like Kean and Rep. Neal Dunn (R-Fla.) due to health conditions have made it challenging for the GOP to maintain its majority. The article concludes by noting that while voters may express dissatisfaction with lawmakers who do not show up for work, the process for addressing such absences is complex and often slow.