Status of a Member of the House Who Has Been Convicted of a Felony

Publication Date: April 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

Type:

Abstract:

Members of Congress do not automatically "forfeit" their offices upon conviction of a crime which constitutes a felony. There is no constitutional disability or disqualification from Congress for conviction of a crime, other than for certain treasonous conduct. Members of the House are, however, instructed not to vote in committee or on the House floor once they have been convicted of a crime the punishment for which may be two or more years imprisonment.

Furthermore, under party rules, Members may lose their chairmanships of committees or ranking member status upon conviction of a felony. Conviction of certain crimes may, and has in the past, subjected Members of the House to internal legislative disciplinary proceedings, including resolutions of "reprimand" and "censure," as well as "expulsion" from the House upon approval of two-thirds of the Members. Neither expulsion nor conviction of a crime (unless it were for certain national security offenses) would lead to the forfeiture of a Member's federal pension.