I have not researched this, but as a lawyer my immediate reaction is that the disorderly behavior must occur while a senator in order for expulsion to be an option.
Article I, §5, clause 2: “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.”
I have not researched this, but as a lawyer my immediate reaction is that the disorderly behavior must occur while a senator in order for expulsion to be an option.
There may be something to that. For example.. “punish it’s members...” He’s not a member, nor is he allowed on the floor (if he wins) until he’s sworn in. And they could refuse to swear him in .
If he’s out of the Senate one way or another by Senate decision, the Senate could order a special election as they have done before? Or, could the Governor appoint a replacement for the vacancy as they normally do for vacancies? I don’t think Democrats would like that option.
And is there a Senate definition for disorderly behavior?
This whole situation is why we have lawyers.