Mike Nearman wants Oregon House seat back, but Democratic lawmaker inserts last-minute bill to block him

Oregon state legislature convenes at Capitol

Former Oregon state Rep. Mike Nearman and other members of the 81st Legislative Assembly are sworn in at the Oregon State Capitol on January 11, 2021. Nearman is trying to be appointed to the seat he lost when all 59 of his colleagues voted to expel him June 10.Brooke Herbert/The Oregonian

With Mike Nearman expelled from the House, a group of Republican party officials will meet Friday evening at a Christian chapel in Dallas to select a slate of nominees to fill his vacant seat.

Among the names on their list for consideration: Nearman.

“Several people from my district have reached out to me and urged me to run,” Nearman was quoted as saying on the Northwest Observer, a website that he owns, according to the Secretary of State’s business registry. “I think many of them are upset that their choice for State Representative was removed by 59 people who don’t live in the district.”

The Republican from rural Polk County was ousted June 10 for his actions during a protest outside the Capitol on Dec. 21, 2020, when he opened a door to allow violent demonstrators inside the building, which was closed to the public due to the pandemic. A video posted on social media showed that Nearman coached people several days prior to the event on how to contact him to put what he dubbed “Operation Hall Pass” into motion.

The vote to expel Nearman was the first removal of a lawmaker in Oregon history, and it came on a 59-1 margin. The lone vote against expulsion came from Nearman.

The Friday meeting will include Republican precinct committee people from House District 23, which includes portions of Polk, Yamhill, Marion and Benton Counties. The most populous portion of the district is in Polk County, which means that county’s party officials will have the largest say in the outcome.

Under Oregon law, Nearman’s replacement must be a Republican. The party must forward a list of three to five names to a joint panel of county commissioners from the district. That means if Nearman does advance out of the first round, he’ll have to convince county commissioners to select him over at least two other potential appointees.

The Oregon Republican Party did not immediately respond Monday to a request for a list of other people who will be considered, although Yamhill County cherry grower Harry Noah has said publicly he’s seeking the seat.

One Democratic state lawmaker introduced a bill Monday that would have the effect of preventing Nearman from getting his seat back. House Bill 3413 would ban any state lawmaker who’s been expelled from being considered in the appointment process. It would not prevent them from running again in the next election.

“If we voted to expel somebody, I think it should take a vote of the people for them to get in again,” said Rep. Marty Wilde, D-Eugene, who acknowledged that it would require swift action for the bill to pass, with lawmakers scheduled to wrap up the session in the coming days.

While the Legislature’s chief attorney, Dexter Johnson, wrote in an opinion posted to the Legislature’s website this month that it was “unknown” whether Nearman could legally be reappointed to his seat, Johnson wrote in an email to Wilde that lawmakers are well within their rights to pass a bill to block that from happening.

“The appointment process is purely statutory and can be modified by statute as well,” wrote Johnson.

Regardless of who House District 23 Republican officials choose to nominate Friday, Nearman could have a busy week ahead of him. He’s scheduled to appear in court June 29 on two misdemeanor charges, including first-degree official misconduct.

Chris Lehman: clehman@oregonian.com

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