TN House expelled lawmakers for protesting gun violence. Could KY do the same?
When the Republicans in the Tennessee House of Representatives filed resolutions to expel three of their Democratic colleagues, many residents of the commonwealth across the Volunteer State’s northern border had a common reaction.
“Wait, they can do that?”
They can, they did, and Kentucky lawmakers can do the same.
On the heels of a late March mass shooting at a Nashville school that left three children and three adults dead, Democratic representatives Justin Jones of Nashville, Justin Pearson of Memphis and Gloria Johnson of Knoxville took to the House floor to protest for stricter gun control.
For this breach of House rules, individual resolutions to expel each of the “Tennessee Three” were drafted and voted on days later. Jones and Pearson, who are Black, were removed from office on April 6 while Johnson, who is white, survived by one vote.
In the week since, local governing bodies in Nashville and Memphis have voted to return Jones and Pearson to the House. A special election will follow, and both men have said they’ll run again.
Now, Kentucky has been rocked by its own mass shooting at Old National Bank in downtown Louisville, which left five victims dead and eight more injured, including three police officers. The gunman was also killed on scene by police.
Unlike in Tennessee, the Kentucky legislature has adjourned sine die for the year and won’t return until January 2024. However, the governor, Andy Beshear, has the power to call a special session to address a specific issue, and at least one Democratic representative is asking for lawmakers to signal their willingness to reconvene in Frankfort to work on “common-sense” gun laws.
In the event of a special session — or just a regular session — here’s how an elected member of the Kentucky legislature could be expelled from their seat.
The law
The process for removing a representative or senator is laid out in both the Kentucky Constitution and the Kentucky Revised Statutes.
The 1891 Constitution — the commonwealth’s current constitution — Section 39, says each chamber can determine its rules, “punish a disorderly member,” and expel a member with two-thirds of the body agreeing.
However, it also says a member can’t be removed for a second time for the same reason.
Additionally, state law says a member can be “censured, fined, or expelled for breach of privilege” by a vote of two-thirds of members present.
Filling a vacancy
If a member were to be expelled — which would have to happen while lawmakers are in session — the constitution and state law would require a special election.
At that point, the president of the Senate or the speaker of the House would decide when the special election is to take place.
Additionally, the constitution says that “no person shall ever be appointed a member of the General Assembly.”
“A vacancy is a vacancy regardless of cause, and filling a seat vacant due to expulsion would not operate differently from filling a seat due to death or to resignation,” Secretary of State Michael Adams said. “Expulsion would occur during a session, and the House Speaker or Senate President would be able to issue the writ of election. That said, I see no legal reason in the abstract that the expelled member could not be renominated and reelected to fill the vacant seat.”
Adams added that, in theory, an elected legislator could be indicted for a felony, expelled then convicted, thus making them ineligible to serve again because of the felony.
Has Kentucky removed lawmakers before?
Yes, a long, long time ago.
Members of the House and Senate were removed in 1861 and 1862, under Kentucky’s previous constitution.
A New York Times clip from then explained that Kentucky, which remained in the Union during the Civil War, expelled members for “aiding in the rebellion.”
However, there does not seem to have been an expulsion since the 1891 constitution was ratified and a Legislative Research Commission spokesperson was not aware of any expulsions.
