Lawmakers discuss new grounds for impeachment

Lawmakers discuss new grounds for impeachment

Posted by Senator Avery on February 28, 2008 - 5:12pm in

But some lawmakers worry the change would make it too easy to impeach officials, resulting in rampant political headhunting that could leave unnecessary scars even if officials weren’t ultimately impeached or removed from office.

“What this will do ... will be one of the most divisive uses of our power you can imagine,’’ Tom White of Omaha said.

Innocent acts such as mailing campaign finance reports too late would be impeachable offenses, White said, and damage would be done even if the Legislature didn’t eventually impeach for minor wrongdoings.

“No one will be able to go through a political career without committing, quote, ‘an impeachable offense,’’’ he said.

Currently, the constitution is clear only that wrongdoing while in office is grounds for impeachment.

A difficult legal question arose during impeachment proceedings against David Hergert: Can an official be impeached for misdeeds committed during a campaign, before one is voted into office?

Hergert was ultimately impeached by the Legislature and then removed as a University of Nebraska regent in 2006 when the state Supreme Court found him guilty on two of 10 counts brought against him by the Legislature in its impeachment.

But the state Supreme Court did not have to answer the question of whether wrongdoing during an actual campaign warrants removal from office. The infractions the court found him guilty of were campaign-related, but they occurred after he took office, when he was trying to cover his tracks.

Sen. Ernie Chambers of Omaha, who led the impeachment against Hergert, tried to dampen concerns Thursday that the proposed amendment would let the Legislature impeach elected officials for minor campaign violations.

The state Supreme Court, Chambers said, has set a clear precedent of what type of wrongdoing warrants removal from office.

Some lawmakers, however, still worry the proposed amendment would be too broad. They are expected to propose more-specific language about impeachable campaign-related offenses.