Bill could keep Nearman from appointment to the seat he lost
Published 1:23 pm Tuesday, June 22, 2021
A bill introduced Monday in the House of Representatives would ban lawmakers expelled from the Oregon Legislature from receiving an appointment to a vacant legislative seat. House Bill 3413 is a direct response to the expulsion of former Republican Rep. Mike Nearman, R-Independence, and the legal uncertainty surrounding whether he could be reappointed to his former seat representing House District 23. But the bill was considered dead on Monday.
House Speaker Tina Kotek, D-Portland, told reporters during a press call on Monday that there wasn’t enough time to deal with the bill in the short time left in the session and the backlog of budget and other bills. Kotek said she hoped the county commissioners who will appoint someone to fill the seat wouldn’t consider Nearman. “I would hope that the county commissioners involved in an upcoming appointment will show leadership and moral resolve to do the right thing, considering the message we sent with the expulsion of Rep. Nearman,” Kotek said.
Nearman was expelled from the House on June 10 by a 59-1 vote for his role in giving rioters access to the state Capitol on Dec. 21. He was the lone “no” vote. He is the first sitting lawmaker to be expelled in Oregon’s history. Before his expulsion, the Legislature’s top attorney, Dexter Johnson, said in a written legal opinion that, while expelled members are able to be voted back into office by the public, it was unknown whether an expelled member can be appointed to the seat they were expelled from. Rep. Marty Wilde, D-Eugene, said he wrote the bill concept after reading this opinion.
Wilde said he would introduce similar legislation in future sessions. That legislation would not impact the replacement for House District 23 because that process needs to be completed by July 10. The Republican precinct committee people in House District 23, which includes Dallas, Amity and Dayton, will select nominees for the position. Nearman is a precinct committee member in this district, meaning he could be involved in selecting his replacement. County commissioners from the counties within House District 23 have the final say in who is chosen. Because House District 23 includes portions of Benton, Marion, Polk and Yamhill counties, commissioners from each county will have a say. Gary A. Warner contributed to this report.
A bill introduced Monday in the House of Representatives would ban lawmakers expelled from the Oregon Legislature from receiving an appointment to a vacant legislative seat.
House Bill 3413 is a direct response to the expulsion of former Republican Rep. Mike Nearman, R-Independence, and the legal uncertainty surrounding whether he could be reappointed to his former seat representing House District 23. But the bill was considered dead on Monday. House Speaker Tina Kotek, D-Portland, told reporters during a press call on Monday that there wasn’t enough time to deal with the bill in the short time left in the session and the backlog of budget and other bills. Kotek said she hoped the county commissioners who will appoint someone to fill the seat wouldn’t consider Nearman.
“I would hope that the county commissioners involved in an upcoming appointment will show leadership and moral resolve to do the right thing, considering the message we sent with the expulsion of Rep. Nearman,” Kotek said.
Nearman was expelled from the House on June 10 by a 59-1 vote for his role in giving rioters access to the state Capitol on Dec. 21. He was the lone “no” vote. He is the first sitting lawmaker to be expelled in Oregon’s history.
Before his expulsion, the Legislature’s top attorney, Dexter Johnson, said in a written legal opinion that, while expelled members are able to be voted back into office by the public, it was unknown whether an expelled member can be appointed to the seat they were expelled from.
Rep. Marty Wilde, D-Eugene, said he wrote the bill concept after reading this opinion.
Wilde said he would introduce similar legislation in future sessions. That legislation would not impact the replacement for House District 23 because that process needs to be completed by July 10.
The Republican precinct committee people in House District 23, which includes Dallas, Amity and Dayton, will select nominees for the position. Nearman is a precinct committee member in this district, meaning he could be involved in selecting his replacement.
County commissioners from the counties within House District 23 have the final say in who is chosen. Because House District 23 includes portions of Benton, Marion, Polk and Yamhill counties, commissioners from each county will have a say. Gary A. Warner contributed to this report.