Tennessee House of Representatives Expulsion Process: Step-by-Step Guide & Key Rules

Table of Contents#

1. Legal Foundations of Tennessee House Expulsions
2. Eligibility and Grounds for Expulsion
3. Step-by-Step Expulsion Process in the Tennessee House 3.1 Initiation of Proceedings 3.2 Referral to the House Ethics Committee 3.3 Committee Investigation and Hearings 3.4 Committee Report and Recommendation 3.5 Floor Debate and Final Vote 3.6 Immediate Consequences of Expulsion
4. Post-Expulsion Procedures 4.1 Special Elections to Fill Vacant Seats 4.2 Re-Eligibility of Expelled Members 4.3 Judicial Review of Expulsion Decisions
5. Notable Expulsion Case: The 2023 "Tennessee Three"
6. Key Takeaways
7. References

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1. Legal Foundations of Tennessee House Expulsions#

The authority to expel members is rooted in both the Tennessee State Constitution and official House rules:

• Tennessee Constitution Article II, Section 26: States, "Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." This grants the House broad discretion to discipline its members, with a strict supermajority requirement to prevent arbitrary expulsions.
• House Rule 34: Details the formal procedures for disciplinary actions, including expulsion. It outlines the role of the House Ethics Committee, due process rights for accused members, and the steps for floor debate and voting.

Notably, the constitution does not explicitly list specific grounds for expulsion, leaving the House to define misconduct through its rules and precedent.

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2. Eligibility and Grounds for Expulsion#

Expulsion applies only to sitting members of the Tennessee House of Representatives. While the constitution does not specify grounds, the House has historically considered the following as valid reasons for expulsion:

• Violation of the oath of office (e.g., breaking promises to uphold the state constitution)
• Ethical misconduct (e.g., bribery, conflict of interest, misuse of public funds)
• Criminal convictions (especially felonies or crimes related to public office)
• Neglect of official duties (e.g., repeated absence from votes or committee meetings)
• Disruptive behavior that violates House rules (e.g., interfering with proceedings, using unauthorized equipment to protest)

Expulsions are rare in Tennessee. Prior to 2023, the last expulsion occurred in 1980, when a member was removed for bribery.

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3. Step-by-Step Expulsion Process in the Tennessee House#

The expulsion process follows a structured, multi-step procedure designed to ensure fairness and transparency:

3.1 Initiation of Proceedings#

Expulsion proceedings begin when a member introduces a resolution to expel. The resolution must:

• Name the targeted member
• Clearly state the specific grounds for expulsion
• Include supporting evidence (e.g., witness statements, video footage, rule violation records) Resolutions can also be referred by a standing committee or initiated by the Speaker of the House, though member-introduced resolutions are the most common.

3.2 Referral to the House Ethics Committee#

Once a resolution is introduced, the Speaker typically refers it to the House Ethics Committee. This committee is composed of 11 members (7 majority, 4 minority) to ensure bipartisan oversight. Its role is to conduct a neutral investigation of the allegations.

3.3 Committee Investigation and Hearings#

The Ethics Committee launches a thorough investigation, which may include:

• Subpoenaing witnesses and documents
• Holding public or private hearings
• Allowing the accused member to present a defense, call witnesses, and cross-examine accusers
• Reviewing relevant House rules and precedent

This step ensures the accused member receives due process—a critical safeguard against politically motivated expulsions.

3.4 Committee Report and Recommendation#

After completing its investigation, the committee drafts a formal report outlining its findings. The report will recommend one of the following:

1. Expulsion: The committee concludes the member violated rules or engaged in serious misconduct.
2. Censure/Reprimand: A less severe disciplinary action (e.g., a formal public warning).
3. Dismissal: The committee finds no evidence to support the expulsion allegations.

The report is then presented to the full House for consideration.

3.5 Floor Debate and Final Vote#

The full House holds a debate on the resolution and committee report. During this debate:

• The accused member has the right to speak in their defense.
• Any member may ask questions, offer amendments, or argue for or against expulsion.

For expulsion to pass, a two-thirds majority of the entire House membership is required (not just members present and voting). As of 2024, the Tennessee House has 99 members, so 66 votes are needed to expel a member.

3.6 Immediate Consequences of Expulsion#

If the expulsion vote passes, the member is immediately removed from office. They lose:

• Their seat in the House
• Salary, health benefits, and other official perks
• Access to the House chamber and legislative resources (unless invited as a guest)

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4. Post-Expulsion Procedures#

Expulsion does not end the story for the vacant seat or the expelled member:

4.1 Special Elections to Fill Vacant Seats#

Under Tennessee Code Annotated § 2-14-104, the Governor must call a special election within 150 days of the vacancy. The election follows the same rules as regular state House elections, with candidates nominated by their respective parties or running as independents.

4.2 Re-Eligibility of Expelled Members#

Expelled members are not barred from running for their former seat or any other legislative position, unless they are disqualified by a criminal conviction or other legal restriction. In the 2023 case, both Jones and Pearson won special elections to reclaim their seats just weeks after being expelled.

4.3 Judicial Review of Expulsion Decisions#

Courts generally defer to the House’s authority to discipline its own members under the "political question doctrine," which holds that legislative internal affairs are not subject to judicial interference. However, a court may intervene if it finds the expulsion violated the member’s constitutional rights (e.g., denial of due process) or if the House acted outside its legal authority. No Tennessee expulsion has been overturned by a court to date.

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5. Notable Expulsion Case: The 2023 "Tennessee Three"#

In April 2023, three Democratic representatives—Justin Jones, Justin Pearson, and Gloria Johnson—led a protest on the House floor following the Covenant School shooting in Nashville. They used a bullhorn to demand gun control legislation, violating House Rule 53, which prohibits disorderly conduct.

The expulsion process unfolded as follows:

1. A Republican member introduced a resolution to expel all three.
2. The Ethics Committee held a hearing and recommended expulsion for all three.
3. The full House voted: Jones was expelled 72-25, Pearson 69-26, and Johnson 65-30 (one vote short of the 66 needed).
4. Jones and Pearson were re-elected in special elections in May 2023.

This case sparked national debate about legislative decorum, free speech, and political polarization, highlighting how expulsion can become a partisan issue.

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6. Key Takeaways#

• Supermajority Requirement: Expulsion requires a two-thirds vote, making it difficult to achieve and preventing partisan purges.
• Due Process: The Ethics Committee investigation ensures accused members have a chance to defend themselves.
• Rarity: Expulsions are reserved for serious violations, not minor rule breaches.
• Re-Eligibility: Expelled members can run for office again, allowing voters to weigh in on their reinstatement.
• Limited Judicial Oversight: Courts rarely interfere with expulsion decisions, leaving final authority with the House.

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7. References#

• Tennessee State Constitution, Article II, Section 26
• Tennessee House of Representatives Rules, Rule 34
• Tennessee Code Annotated § 2-14-104
• "Tennessee House Expels 2 Democrats Over Gun Control Protests" — The Tennessean, April 6, 2023
• "The 'Tennessee Three' Explained: Why 2 Lawmakers Were Expelled" — NPR, April 7, 2023
• "Tennessee’s Expelled Lawmakers Win Back Seats in Special Elections" — The New York Times, May 11, 2023