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The procedures in each state differ from Tennessee, which made national headlines after two representatives were expelled and then sent back to the legislature.
WASHINGTON — Two Democratic representatives in Tennessee got their jobs back this week, just days after being kicked out of office by Republicans.
The rapid expulsions and reinstatements raise the question, could this happen in other states?
THE QUESTION
Can state lawmakers in Maryland and Virginia get expelled and then reinstated?
THE SOURCES
THE ANSWER
Legislators in Maryland and Virginia, just like their counterparts in Tennessee, have the right to punish and expel members for what they consider “disorderly” behavior.
Article 3, Section 19 of Maryland’s constitution states that the House or Senate can expel a member, "with the consent of two-thirds of its whole number of members elected.”
Article 4, section 7 of Virginia's constitution outlines an identical rule, with expulsion requiring “the concurrence of two-thirds of its elected membership.”
Tennessee also requires a super-majority for the expulsion of a state legislator.
Although the three states agree a majority vote is needed, in Maryland and Virginia, filling a vacant seat after a member is expelled can look a bit different.
In Maryland, the Governor appoints a replacement to serve out the remainder of the expelled member’s term. The replacement must belong to the same party as the person who vacated the seat. Party leadership from the district in question has the ability to submit one or more names of potential candidates, and if they do, the governor must choose from among them. If the party does not submit a list of candidates, the governor makes his/her own decision. The constitution does not disqualify the expelled legislator from being named as his/her own replacement. The chosen replacement then serves out the remainder of the unexpired term.
In Virginia, vacancies can only be filled through special elections. If the seat becomes vacant while the legislature is in session, either the Speaker of the House or President Pro Tempore calls for the election, depending on which chamber is affected. If the legislature is in recess, the governor calls for the election. Once elected, the new legislator serves out the remainder of the original term of office, but nothing in the law bars an expelled member from running again for their previous seat.
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