SALEM — A bill introduced to the House of Representatives Monday, June 21, would ban lawmakers expelled from the Oregon Legislature from receiving an appointment to a vacant legislative seat.

House Bill 3413 is a direct response to the expulsion of former Republican Rep. Mike Nearman and the legal uncertainty surrounding whether he could be reappointed to his former seat representing House District 23.

Rep. Marty Wilde, D-Eugene, said he introduced the bill as a way to “clean up” this uncertainty.

“I thought we should clarify that, not just for Rep. Nearman, but for any future representatives that might be expelled,” Wilde said. “Misconduct severe enough to merit expulsion should require going before the voters for their judgment.”

Nearman was expelled from the House of Representatives June 10 by a 59-1 vote for his role in giving rioters access to the state Capitol on Dec. 21. He was the lone no vote. He is the first sitting lawmaker to be expelled in Oregon’s history.

Before his expulsion, the Legislature’s top attorney, Dexter Johnson, said in a written legal opinion that while expelled members are able to be voted back into office by the public, it was unknown whether an expelled member can be appointed to the seat they were expelled from.

Wilde said he wrote the bill concept after reading this opinion. Four other Democrats signed on as co-sponsors early Monday.

However, because the 2021 legislative session is constitutionally required to end by June 27, the bill cannot pass in time unless certain rules guiding legislative process are suspended.

Rule suspensions require Republican support, so HB 3413 will not move forward without bipartisan support.

If the bill does not pass this session, Wilde said he would introduce similar legislation in future sessions. That legislation would not impact the replacement for House District 23 because that process needs to be completed by July 10.

The Republican precinct committee people in House District 23, which includes Dallas, Amity and Dayton, will select nominees for the position. Nearman is a precinct committee member in this district, meaning he could be involved in selecting his replacement.

County commissioners from the counties within House District 23 have the final say in who is chosen. Because House District 23 includes portions of Benton, Marion, Polk and Yamhill counties, commissioners from each county will have a say. The weight of their votes will be equal to one vote per 1,000 residents who live in the district.