Yes, George Santos can attend the State of the Union, walk House floor despite being expelled

Surprise guests are a feature of the president's State of the Union address.

President Joe Biden’s March 7 speech had a big one, though not one invited by the president: former Rep. George Santos, who was seen mingling with his former Republican colleagues a little more than three months after the House expelled him.  

This surprised some people. Is Santos really allowed to sit among the people who expelled him in December?

The short answer is yes, according to the Rules of the House of Representatives.

"Surprisingly to me, there is no bar in the rules, regulations, or precedents barring a former member from the floor generally, unless they are a lobbyist or someone advocating for  particular individuals, groups or causes," said Donald Wolfensberger, a congressional scholar at the Woodrow Wilson International Center for Scholars.

Another reason former members would be barred is if they have been convicted of a crime related to House activities. That doesn’t affect Santos — yet.

Santos faces criminal charges including wire fraud, false statements, identity theft and conspiracy, but his case has not gone to trial yet.

As Biden was getting into his limousine to be driven to the Capitol, CNN reported that Santos was initially seated in a section usually filled by current members. Chamber officials asked Santos to stand in the back of the chamber, and he complied, CNN reported.

Beyond floor access, Santos is allowed, as a former House member, to use parking, athletic and wellness facilities, administrative services, dining facilities, and access materials from the Congressional Research Service and the Library of Congress. 

Former members may also use the frank — the right to send mail to constituents free of charge — for 90 days after leaving office. For Santos, who was expelled Dec. 1, 2023, that deadline has passed.

Wolfensberger added that the House speaker does have some discretion to direct the chamber’s sergeant-at-arms to bar people, including former members, from accessing the floor. 

"In this case, the distraction factor alone would justify such an action to preserve and protect the dignity and decorum of the chamber," Wolfensberger said.