SALEM — While Thursday’s vote to expel Rep. Mike Nearman was the first in the history of the Oregon House of Representatives, the process to fill his now-vacant seat is the same as when any other vacancy occurs.

County commissions from the four counties that lie in his district will appoint a successor.

It’s not unusual for legislative seats to become open mid-term for reasons other than expulsion, such as retirements, deaths, or promotion to a higher office. Under Oregon law, the person who fills the seat must be of the same political party as the person who vacated it.

In this case, since Nearman is a Republican, whoever serves the remaining 18 months of his term must also be a Republican.

Unless the vacancy occurs less than two months before a general election, the new lawmaker is appointed by county commissioners. House District 23 includes portions of Yamhill, Polk, Marion and Benton Counties. Commissioner votes are weighted based on the number of people in the district who reside in that county. In this case, that means the Polk County commissioners’ votes will count by far the most heavily.

Commissioners must choose from a list of three to five candidates selected by party officials. Typically, these names are chosen from a list of people who’ve publicly declared their interest. Local party leaders often interview the potential candidates before winnowing down the list.

Nearman has faced Republican challengers in the past. His most recent primary opponent, Kris Bledsoe, was elected Yamhill County Treasurer in 2020. Another former Republican challenger, Beth Jones, said she no longer lives in the district.

Nearman was first elected to the Oregon House in 2014 after unseating incumbent Republican Jim Thompson in the primary. Attempts to reach Thompson Friday, June 11, were unsuccessful.

At least one potential office-holder did emerge June 11. Yamhill County cherry grower Harry Noah said he had been mulling a run for House District 23 in 2022, and said now that the seat is vacant he’ll be submitting his name for consideration as Nearman’s replacement.

“I feel like the tone of politics needs to change,” said Noah, who served as the Alaska Commissioner of Natural Resources in the early 90′s.

County commissioners have 30 days to appoint a replacement. If they’re unable to do so, the decision falls to Gov. Kate Brown, although Brown would still have to select a Republican.

Whoever is appointed would serve the remainder of Nearman’s term, which lasts until the end of 2022. They would have the option to seek election to a full term, although the district boundaries will likely change as a result of the redistricting process slated to take place later this year.

As for Nearman, he is still facing two criminal charges stemming from his decision to help demonstrators, some of them armed, into the closed Capitol amid the pandemic. The more serious charge, first-degree official misconduct, in theory can bring a year in jail and a $6,250 fine, although penalties are usually lighter. Prosecution and defense attorneys in the case are scheduled to check in with the Marion County judge about the case later this month.