PolitiFact – State legislatures rarely expel lawmakers. We found 19 examples in nearly 23 years

How common is it for state legislators to expel their members? Not common at all, according to a PolitiFact review of 23 years of such cases.

We searched Google, news archives and databases and found 19 instances of legislators being expelled going back to 2000, across all 50 states.

People have been expelled amid sexual harassment scandals, bribery allegations and criminal arrests and convictions. Until April 6, none of the instances involved a member being expelled for violating chamber decorum rules.

“Most expulsions have involved criminal conduct or abusive behavior,” said Miriam Seifter, a University of Wisconsin Law School professor and co-director of the State Democracy Research Initiative. 

Frequently, if allegations of wrongdoing are credible and expulsion seems imminent, a legislator will resign, said Thomas Little, director of curriculum development and research for the State Legislative Leaders Foundation. 

Lawmakers rarely want to go through the expulsion process or put the chamber through it. “It doesn’t look good for the institution,” Little said.

PolitiFact found that credible evidence of bribery, fraud, sexual harassment or sexual abuse or misconduct were among the most common reasons lawmakers have been expelled in recent years.

Tennessee’s expulsion of two Democrats was unusual, experts say

The Tennessee House of Representatives on April 6 voted to expel two Tennessee lawmakers for violating rules of the House chamber. 

Rep. Justin Jones, D-Nashville, and Rep. Justin J. Pearson, D-Memphis, were expelled by the Republican-controlled legislature following their actions during a March 30 protest at the Capitol against gun violence. Jones and Pearson took over the lectern and led chants on the House floor that were echoed by the protesters gathered in the public galleries. 

Rep. Gloria Johnson, D-Knoxville, who protested alongside Jones and Pearson, also faced expulsion, but that resolution failed by one vote. Johnson is white. Jones and Pearson are Black.

President Joe Biden wrote on Twitter that the effort to expel the Democrats was “shocking, undemocratic, and without precedent.” 

Three kids and three officials gunned down in yet another mass shooting.

And what are GOP officials focused on?

Punishing lawmakers who joined thousands of peaceful protesters calling for action.

It’s shocking, undemocratic, and without precedent. https://t.co/NB9gSdFI9h

— President Biden (@POTUS) April 6, 2023

Little told PolitiFact that he’d never seen an expulsion for breaking the rules of the chamber. 

“I’ve seen people censured for breaking the rules, if you continue to speak out of order or something like that,” he said.

A legislature can discipline members by stripping them of any leadership positions they might hold, including roles as committee chair, by stripping them of their committee assignments, or by censure, which is a public reprimand, Little said. Those less extreme measures typically are used before expulsion.

Richard Briffault, a professor of legislation at Columbia Law School, said he was “struck by the complete lack of process” that occurred before the expulsions in Tennessee. 

“The vote to expel came almost immediately after the protest,” without an investigation or a hearing, he wrote in an email. “There was also no consideration of alternative penalties — a fine, stripping of committee assignments, resolution of censure.”

The partisanship playing a role in this vote was also unique, Little said. He said historically, expulsions are bipartisan actions — even if one or two people vote against expelling a member — because they’re so often tied to a criminal offense.

Briffault said he was concerned the Tennessee case may set a precedent that lowers the expulsion bar from criminal misconduct to lack of decorum.

“The legislature has a legitimate interest in maintaining the decorum necessary to function, but denying representation to the constituents of these legislators is an extreme reaction,” he said.

The expulsions were short-lived: In a quick 36-0 vote on April 10, Nashville’s Metropolitan Council reappointed Jones to his seat. He was sworn in once again that day. The Shelby County Board of Commissioners voted unanimously April 12 to reappoint Pearson as a state representative; he was sworn back in April 13.

Their appointments are temporary, however, and special elections will occur in the coming months; Jones and Pearson have said they plan to run again.

Little doesn’t expect to see partisan expulsions become the norm, in part because of the national attention this incident has received: “I think this has given Tennessee such a black eye, that I think it would be very unlikely” to see expulsion used this way in other states, he said.

Seifter agreed, arguing that politically motivated expulsions would likely mobilize opponents. But she said she sees the incident as “part of a bigger story of antidemocratic action in state legislatures.” 

Legislative expulsions from 2000 to present

Setting aside the unique case of Jones and Pearson in Tennessee, here are the expulsions we found since 2000, listed alphabetically by state:

Arizona

Republican Rep. Liz Harris, who represented Chandler, a Phoenix suburb, was expelled by the Republican-majority House after a 46-13 vote on April 12. Harris supported debunked election conspiracies, and her expulsion came after an ethics panel investigation found that she engaged in “disorderly behavior” when she organized a presentation that resulted in her colleagues being accused of bribes.

In February 2018, the Arizona House of Representatives voted to expel Rep. Don Shooter, R-Yuma, from his seat after an investigation found “credible evidence” that he had sexually harassed women over several years and created a hostile work environment in the House.

Arkansas 

In October 2019, the Arkansas House Caucus expelled Rep. Mickey Gates, R-Hot Springs, with an 88-4 vote, after Gates pleaded no contest to failing to pay taxes for several years. 

Colorado

Lawmakers in Colorado voted 52-9 in March 2018 to expel Rep. Steve Lebsock, who was elected to represent Thornton as a Democrat and later switched parties, in response to allegations of sexual harassment. An outside investigation deemed the allegations five women made against Lebsock credible. 

Illinois

In August 2012, the Illinois House voted 100-6 to expel Rep. Derrick Smith, a Chicago Democrat, over bribery allegations. Smith had been arrested for allegedly accepting a $7,000 cash bribe to write an official letter of support. He was reelected after his 2012 expulsion and automatically lost his office again when he was convicted on the felony bribery charge. 

Massachusetts

The Massachusetts’ House voted 146-5 in February 2014 to expel Rep. Carlos Henriquez, D-Boston. Henriquez was serving a six-month jail sentence following an assault conviction and had refused to resign.

Michigan

In 2015, Rep. Cindy Gamrat, R-Plainwell, was expelled from the legislature by a 91-12 vote, following an alleged extramarital affair with another lawmaker and attempted cover-up using their offices.

Sen. David Jaye, R-Washington Township, was expelled in 2001 for misconduct, including drunk driving convictions and allegations that he assaulted his fiancée.

Missouri 

In April 2021, Rep. Rick Roeber, R-Lee’s Summit, was expelled after a Missouri House Ethics Committee investigation found he had physically and sexually abused his children. Roeber had offered to resign, but the House rejected his resignation and instead voted 153-0 to expel him. 

Nevada

Assemblyman Steve Brooks, D-North Las Vegas, in 2013 became the first person ever expelled from the Nevada legislature. Brooks’ expulsion followed a recommendation from a committee that had been asked to assess his ability to serve the public; Brooks was arrested the same day he was expelled.

New York

In February 2010, the New York State Senate expelled Sen. Hiram Monserrate, a Democrat from Queens, by a vote of 53 to 8, after Monserrate had been found guilty of misdemeanor assault against his girlfriend. 

North Carolina

Following an investigation triggered by a 2006 complaint to the State Board of Elections, the North Carolina legislature voted in 2008 to expel former Rep. Thomas Wright, D-New Hanover. Wright was later convicted and sentenced to several years in prison for three counts of felony fraud. 

North Dakota

In March 2021, Rep. Luke Simons, R-Dickinson, became the first lawmaker expelled from the legislature in the state’s history. He was accused of threatening and sexually harassing women at the Capitol, including fellow lawmakers. The vote to expel Simons was 69-25, with strong support from his own party. 

Ohio

The Republican-controlled House voted 75-21 in June 2021 to expel Republican Rep. Larry Householder, a former House speaker from Glenford who had been arrested in connection with a $60 million public corruption racketeering conspiracy. 

Oregon

In June 2021, Rep. Mike Nearman, R-Independence, became the first person expelled from the Oregon House by 59-1 vote after it was revealed that he had allowed far-right demonstrators, including some of whom were armed, into the locked state Capitol building during a special session. 

Tennessee

Democrat Sen. Katrina Robinson of Memphis, who was convicted of federal wire fraud charges, in 2022 became the first person ever expelled from the Tennessee Senate. 

In 2016, the House expelled Rep. Jeremy Durham, R-Franklin, by a 70-2 vote over allegations of sexual misconduct. 

PolitiFact researcher Caryn Baird contributed to this report.

RELATED: Why it’s wrong to call the Tennessee state representatives insurrectionists

RELATED: Protesters against gun violence didn’t make their way onto the Tennessee House floor