Okay, on the very long shot that he does resign after the R's retain the Congress, does Pataki have to appoint a replacement from the Democrats, or can Pataki appoint anybody from any party to the seat?
Rangel is a Congressman, and therrefore there would be a special election. Only Senators are appointed by the governor if they resign or die in office.
All representatives are elected, if the seat is vacant a special election is called.
Not once in our nation's history has an unelected representative sat in the House.