Oregon Democrats introduce bill blocking expelled members from office
(The Center Square) – Weeks after the Oregon House showed Mike Nearman the door, state lawmakers are bent on keeping the Polk County Republican from ever serving in the chamber again.
House Bill 3413 would ban an expelled state lawmaker from being appointed to serve in the vacant seat in the state legislature. The bill, introduced on Monday by Reps. Marty Wilde, D-Eugene, and Wlnsvey Campos, D-Aloha, bears no legislative analysis and is not scheduled for any public hearings or work session.
Nearman was expelled from his seat earlier this month by a vote of 59-1 for helping a right-wing mob into the Oregon capitol building in Salem on Dec. 21, 2020. He is one of six people to face criminal charges for the event that saw two journalists and several police officers assaulted by the mob. He is also the sole member of the Oregon Legislature to be expelled in state history.
Nearman’s colleagues are showing concern he could win back his old seat. One possible scenario could see him appointed to that same seat.
Under state law, Polk County Commissioners have 30 days to appoint someone to represent District 23, which encompasses much of Polk, Benton, Yamhill and Marion counties. That deadline means someone would fill Nearman’s seat around the second week of July. There is nothing in the Oregon Constitution banning a member of the state legislature from running or serving in public office, including the office from which they were expelled.
Polk County Commissioners will select Nearman’s successor on Friday to serve the remainder of his term, which ends in November 2022. The Polk County GOP is expected to submit some names to the Polk County Commissioners for consideration sometime this week.
Rep. Bill Post, R-Keizer, described the bill as an “absolute waste of taxpayer money” in the last week of the session.
“Fun to watch Mike live in the minds of House Democrats 100% rent free,” Post said. “Even if passed this week, it will not affect the HD23 appointment process this Friday.”
The former state representative was also invoiced $2,712.93 for damages to the Oregon capitol building on Dec. 21. That invoice was due on April 1, 2021 and is remains unpaid, according to Joshua Sweet, Financial Services Manager at Oregon Legislative Administration.
“As long as we receive payment prior to referring it to the Department of Revenue for collections we won’t charge any additional fees, but DOR may,” Sweet wrote in an email to The Center Square.
Nearman was charged with two misdemeanors for his actions on Dec. 21. He did not appear in court for his arraignment last month and was spoken for by his attorney, which Oregon law permits for misdemeanor cases. Nearman is due back in court on June 29 for his first hearing.
The Legislature will wrap up its 2021 session on June 28.
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