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BISMARCK, ND (AP) – The North Dakota House on Thursday voted to expel a lawmaker accused of threatening and sexually harassing women on Capitol Hill, the first time in state history that a lawmaker was expelled.
Members voted 69 to 25 to kick Republican Luke Simons, a Dickinson’s Republican, for a pattern of behavior they said stretched back soon after he took office in 2017. The expulsion came with strong support from the own party of Simons, who holds a supermajority in the chamber.
Majority leader Chet Pollert, who co-sponsored the eviction resolution, said Simons had “multiple chances to avoid being in this situation.”
“There is only one way to stop this behavior and that is to kick Representative Simons out of this House,” Pollert said.
Simons, who denied wrongdoing, was provocative ahead of the vote. He criticized the accusers for “twisting my words”, said any other lawmaker could be in his place and complained that he was not given due process.
“I could lay any charge against any of you,” Simons said ahead of the vote. “In these circumstances we are in, you are guilty.
Surrounded by family and friends after the vote, Simons said he believed he would have had “a lot more support” from fellow lawmakers.
Lynn Boughey, his lawyer, said he could argue the case in court, but would leave that to Simons “after speaking with his family.”
Simons is accused of a pattern of sexually aggressive, obscene and threatening behavior. Republican Rep. Emily O’Brien said his harassment was so widespread that she changed offices to get away from him.
“Before I introduced myself, I wondered if this was something I wanted to relive,” she told other House members. “It’s hard to rehash unjustified, disturbing and uncomfortable experiences. I think ‘shame on you Emily O’Brien for not coming forward and being a voice for others.’ “
A 14-page document compiled by the non-partisan Legislative Council includes allegations that Simons made “advances” to employees and interns, commented on their appearances, and attempted to give a staff member an unsolicited shoulder massage. One staff member described his behavior as “really scary”.
The council this week released two additional documents alleging inappropriate and bizarre behavior by Simons, a 43-year-old breeder and barber, married with five children. One woman said that Simons called her a “pretty girl” and insulted her husband, “saying that generally women who are smart dressers like me are married to shmucks like my husband.”
The woman, whose name has been redacted in documents, also alleged that Simons had already placed her lunch box in her office before going to the bathroom and said, “I bet you hope there is. no bomb in there, eh?
Republican Shannon Roers Jones, a lawyer, said Thursday the decision to impeach Simons was about inappropriate behavior and not political ideology, as Simons alleged. Simons is a member of the Bastiat Caucus, a far-right group that supports limited government and gun rights. Much of the legislation Simons proposed over the years reflected this.
“We took women away from him, we limited his ability to work with them, but in doing so, we also punish women,” said Roers Jones. “When we displace women or restrict who they work with, we are limiting a woman’s ability to do her job and, therefore, her ability to move forward because of a member’s actions.”
Democratic House Minority Leader Josh Boschee of Fargo, who co-sponsored the resolution, looked at Simons and said, “You’ve hurt people. You have undermined the integrity of the Legislative Assembly. “
The North Dakota Constitution states that either house can expel a member with two-thirds approval. This meant that at least 63 members had to approve the resolution to expel Simons. The Republicans have an 80-14 advantage in the chamber.
Opponents of the resolution said the process was flawed and that Simons had not been given due process. Pollert said Simons’ eviction process went “beyond what is legally required.”
GOP representative Rick Becker, who heads the Bastiat Caucus, argued that Simons’ behavior did not justify the expulsion and sought to amend the resolution to censor him instead. This failed, 66-28.
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