Following a nine-week corruption trial, Senator Bob Menendez, D-N.J., was found guilty on 16 counts, prompting calls for his resignation from lawmakers in the Senate and his home state of New Jersey. Senate Majority Leader Chuck Schumer, D-N.Y., was among the first to urge Menendez to step down, emphasizing the need for him to do what is right for his constituents, the Senate, and the country.
Should Menendez refuse to resign, there have been discussions about the possibility of expulsion. Governor Phil Murphy, D-N.J., stated that if the senator does not voluntarily resign, the Senate should proceed with a vote to expel him. Expulsion is a rare occurrence in the Senate's history, with only 15 members having been expelled, the last being Sen. Jesse Bright, D-Ind., in 1862.
The process of expulsion is complex and requires a two-thirds majority vote in the Senate. A resolution to expel Menendez would need to be introduced, potentially leading to an investigation by the Ethics Committee. However, given Menendez's conviction, the Ethics Committee could expedite its report on his conduct.
If the resolution gets stuck in committee, senators could attempt to move it forward through a motion to discharge. Ultimately, the Senate must vote to proceed with the expulsion resolution, followed by a debate on the matter. Overcoming a potential filibuster may require a cloture vote with 60 yea votes, followed by a two-thirds majority vote on the expulsion resolution.
While past senators like Harrison Williams, D-N.J., and Bob Packwood, R-Ore., faced expulsion threats, they chose to resign before facing a Senate vote. It remains uncertain how the process will unfold in Menendez's case, as any attempt to expedite the expulsion resolution would need unanimous consent from all 100 senators.