Article One of the United States Constitution provides, "The House of Representatives shall chuse [sic] their Speaker and other Officers..." Every Speaker to date has been a member of the House of Representatives, although the Constitution does not explicitly require it. Speakers are elected following each biennial general election, and serve two-year terms.
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, he or she verbally announces his or her vote. (Originally, the Speaker was elected by secret ballot; in 1839, however, it 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.
Thanks and to others that given me info.
Repubs should filibuster the process if Dims win in '06.