My non-binding legal opinion:
The Constitution is silent on the question of whether comeback accounts are entitled to their old positions. Where the Constitution is silent, the next best place to look is the will of Congress.
I believe that if the election for USA_Patriot’s replacement HOC is valid and passed Congress (and in this case, it has), then you *can’t* be compelled to give up your HOC position to USA_Patriot’s comeback alt.
Could you still relinquish your HOC position to USA_Patriot’s comeback alt voluntarily? Perhaps.
But I still think it would be best for the sitting Congress to affirmatively vote to ratify returning the HOC to USA_Patriot. Some Congressmembers might have doubts about the new account’s authenticity, while others might be concerned about USA_Patriot’s activity and commitment level, given the fact he just deleted and was also borderline inactive beforehand.
As a Congressmember, if it came up for a vote, I would vote NAY on transferring the HOC back to USA_Patriot’s comeback alt.