Yes, a sitting member of Congress can be removed from office

Story update May 10, 2023: New York Rep. George Santos was arrested on federal criminal charges on May 10. This story has been updated with the latest development.

Rep. George Santos (R-N.Y.), who made headlines after it was discovered that he fabricated parts of his life story, was charged Wednesday, May 10, on 13 criminal counts

The indictment says Santos induced supporters to donate to a company under the false pretense that the money would be used to support his campaign. Instead, it says, he used it for personal expenses, including luxury designer clothes and to pay off his credit cards.

Santos also is accused of lying about his finances on congressional disclosure forms and applying for and receiving unemployment benefits while he was employed as regional director of an investment firm and running for Congress.

In response to the indictment, House Speaker Kevin McCarthy (R-Calif.) said, “I think in America, you’re innocent till proven guilty.”

The criminal charges revived questions on if Santos can be removed from office. 

THE QUESTION

Can a sitting member of Congress be removed from office?

THE SOURCES

• U.S. Constitution
• Congressional Research Service
• U.S. House of Representatives

THE ANSWER

Yes, a sitting member of Congress can be removed from office.

WHAT WE FOUND

Article 1, Section 5 of the Constitution says that a two-thirds majority vote in the House is needed to expel one of its members. The rules for removing a member are the same in the Senate.

Expulsion by a two-thirds vote is the only way to remove a sitting member of either chamber of Congress, unless they resign or die. 

The Constitution doesn’t provide a mechanism for voters or anyone else to recall a U.S. Congress member, and to date no members have been recalled, the Congressional Research Service (CRS) says. This differs from elected officials at the state and local level, where there are rules and procedures in place to recall officers like governors. 

Only 20 members of Congress have been expelled – 18 of them for treason – and that happened mostly during the Civil War. The other two expulsions were members who were convicted on corruption charges, the most recent being in 2002, according to House archives.

There are other types of discipline Congress can issue to a member for alleged misconduct that don’t include expulsion, the CRS says. The following disciplinary actions can be taken in both the House and the Senate: 

• Censure: A censure is a formal statement of disapproval and requires a formal, majority vote on a resolution disapproving a member’s conduct. 
• Reprimand: Another statement of disapproval, but a lesser punishment than a censure. A reprimand also requires a formal vote by a majority in the House.
• “Letter of Reproval”: Issued by the House Ethics Committee; a letter that indicates a member committed misconduct, but it did not rise to the level of formal punishment.
• If the alleged misconduct was financial, a member could have to pay monetary restitution.
• Loss of seniority, which could include being stripped of committee seats.

The Associated Press contributed to this report.