BISMARCK, ND (AP) – The North Dakota House voted Thursday to expel a lawmaker accused of sexually threatening and harassing women at the Capitol, the first time in state history that a lawmaker has been expelled.
Members voted between 69 and 25 to expel Rep. Luke Simons, a Dickinson Republican, for a pattern of behavior they said went back shortly after taking office in 2017. The expulsion occurred with the strong support of Simons ’own party, which has a supermajority in the chamber.
Majority leader Chet Pollert, who sponsored the resolution to expel, said Simons had been given “multiple chances to avoid being in this situation.”
“There is only one way to stop this behavior and that is to expel Representative Simons from this House,” Pollert said.
Simons, who denied the foul, challenged before the vote. He blamed the accusers for “twisting my words,” said any other lawmaker could be in his position, and complained that he was not allowed due process.
“I could file any charges against any of you,” Simons said before the vote. “In this circumstance we find ourselves, you are guilty.”
Surrounded by his family and friends after the vote, Simons said he believed he would have had “much more support” from his fellow lawmakers.
Lynn Boughey, his lawyer, said he could argue the case in court, but that he would leave that to Simons “after he talks to his family.”
Simons is accused of sexually aggressive, obscene and threatening behavior. Republican Rep. Emily O’Brien said her harassment was so widespread that she switched desks to get away from him.
“Before I presented myself, I had a hard time figuring out if this was to be revived,” he told his House members. “It is difficult to reaffirm unjustified, disturbing and uncomfortable experiences. I think it’s a shame, Emily O’Brien, not to show up and be a voice for others. “
A 14-page document compiled by the nonpartisan Legislative Council includes allegations that Simons made “advances” toward women and inmates, commented on her appearances, and tried to give a body member a shoulder massage not requested. One staff member described his behavior as “really creepy.”
This week, the council has released two additional documents denouncing inappropriate and bizarre behavior by Simons, a 43-year-old farmer and barber, married with five children. One woman said Simons referred to her as “that pretty one” and insulted her husband, “saying that usually women who are elegant dressers like me are married to shmucks like my husband.”
The woman, whose name was written in documents, also alleged that Simons once placed his lunch box in his office before leaving for the bathroom and said, “I bet you hope there isn’t a bomb there, huh? ”
Republican Rep. Shannon Roers Jones, a lawyer, said on Thursday on the floor that the decision to remove Simons was inappropriate behavior and not a political ideology, Simons said. Simons is a member of the Bastion Caucus, a far-right group that organizes little government and gun rights. Much of the legislation proposed by Simons over the years reflected this.
“We’ve taken women away from him, we’ve limited his ability to work with them, but in doing so we’re also punishing women,” Roers Jones said. “When we move women or restrict who they work with, we limit a woman’s ability to do her job and therefore limit her ability to move forward because of a member’s actions.”
Democratic House minority leader Josh Boschee of Fargo, who sponsored the resolution, looked at Simons and said, “You have hurt people. You have damaged the integrity of the legislature.”
The North Dakota Constitution says any chamber can expel a member with two-thirds approval. This meant that at least 63 members had to pass the resolution to expel Simons. Republicans have an 80-14 lead in the House.
Opponents of the resolution said the process was flawed and Simons did not have the due process. Pollert said the process for expelling Simons goes “beyond what is legally required.”
Republican Party spokesman Rick Becker, who leads the Bastiat Caucus, argued that Simons’ behavior did not justify expulsion and tried to amend the resolution to censor him. This failed, 66-28.