Tennessee’s legislature expelled two of its members. Is the same thing possible in NC?

Less than a week after their highly publicized expulsion from the Tennessee General Assembly, Reps. Justin Jones and Justin Pearson have been reappointed to their seats in the state House of Representatives.

But their ouster — which sparked widespread debate and roiled the nation’s tenuous political climate — made some wonder whether other legislatures might follow suit.

Could states like North Carolina use similar disciplinary tools to evict elected officials who challenge the majority party?

What happened in Tennessee?

On March 30, Jones, Pearson and Rep. Gloria Johnson, all Democrats, interrupted House debate to lead protesters in calling for stricter gun control laws. Three days had passed since a shooter killed six people, including three children, at The Covenant School in Nashville.

The Democrats’ demonstration violated procedural rules, but the Republican majority’s response still came as a shock. For just the third time since the Civil War, Tennessee’s House expelled members from its ranks. Jones and Pearson, who are Black, were kicked out. Johnson, who is white, survived a vote to remove her.

The last time a Tennessee House member had been expelled was in 2016 when then-Rep. Jeremy Durham faced allegations of improper sexual contact with nearly two dozen women while in office. He was cast out in a 70-2 vote.

In 1980, Rep. Robert Fisher was convicted of soliciting a $1,000 bribe to sway legislation. The House voted 92-1 to expel him.

In both cases, Durham and Fisher faced allegations of serious ethical and criminal malfeasance, and they were removed with large bipartisan support. The votes to remove Jones and Pearson fell largely along party lines and drew criticism from across the country.

Democrats, including President Joe Biden, have decried the state’s move, accusing House Republicans of racism and abusing their power. Republicans have pushed back, comparing Jones, Pearson and Johnson to Jan. 6 insurrectionists.

Has North Carolina had expulsions?

Most state legislatures, including North Carolina’s, have the authority to expel members. But the voting thresholds are high, and such drastic measures are typically reserved for cases of severe misconduct.

There have been at least 14 people kicked out of the North Carolina legislature since 1757, according to The News & Observer’s archives.

The most recent was Wilmington Democrat Thomas Wright, who was removed from his post in 2008 following an overwhelming 109-5 House vote over accusations of campaign finance law violations.

Wright was charged with mishandling nearly $350,000, most of which he pocketed, according to investigators. The State Elections Board eventually found him guilty, leaving then-House Speaker Joe Hackney to strip Wright of his committee chair privileges.

The Legislative Ethics Committee then took on the matter, but it would take a year for legislators to reach an accord and recommend Wright’s expulsion.

The chamber eventually wrote new legislation during an extra 2008 session on recusal matters. In handling Wright’s case, a House resolution was passed to allow expulsion of sitting members by a two-thirds majority vote.

“We in the House performed a sad duty today,” said Hackney, an Orange County Democrat, following the recusal vote. “But I want to say that I think it was a duty — a duty to protect the House, protect the institution, to make it clear that the kind of conduct that the committee found to be true renders one unfit to be a member of the House.”

But the validity of that 2008 resolution expired in the same year, according to the bill text. So what would happen if the legislature looked to expel someone now?

Can North Carolina still expel sitting members?

In Tennessee, legislators passed resolutions stating that lawmakers “did knowingly and intentionally bring disorder and dishonor to the House of Representatives,” during their March 30 protest. Republican lawmakers used language from Tennessee’s constitution that empowers the House to set its own rules and punish members for disorderly behavior.

In the same way, North Carolina law affords legislators wide-ranging powers.

State law authorizes the Legislative Ethics Committee to investigate allegations of misconduct. If the committee finds a legislator guilty, it can refer the case to the attorney general or the legislator’s chamber for further review and action.

However, the General Assembly can still take action even if the committee finds no evidence of wrongdoing.

“Any action or lack of action by the Committee under this section shall not limit the right of each house of the General Assembly to discipline or to expel its members,” state law says.

The criteria for expulsion is vague, and it’s unclear what specific misconduct violations could initiate the process. The state’s constitution details that “each house shall be judge of the qualifications and elections of its own members.”

State lawmakers have been dismissed for a variety of misconduct allegations since the mid-1700s, such as embezzlement, fraud, brandishing a gun during a fight, and more. But no law mandates such a bar for expulsion.

Heidi Perez-Moreno is a freelancer with NC Insider, The News & Observer’s state government news service.