What Happens if Jones is Convicted?
Sen. Emil Jones III (D-Chicago), who is on trial for bribery.
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While the prosecution has rested and Sen. Emil Jones III (D-Chicago) has taken the stand in his own defense in his federal bribery trial, it may not be clear what happens to Jones’ status in the Senate if he is convicted.
State law requires Jones to give up his seat if convicted, but it isn’t clear how it would happen.
There’s no function in Senate rules to remove a member after conviction. Senate rules lay out a process that two-thirds of Senators can vote to expel a member for “disorderly conduct,” but that isn’t defined.
Former Rep. Derrick Smith was expelled in 2012 after indicted on bribery charges, but won his race for re-election that fall anyway. He was convicted of those charges in 2014, but ended up serving out the remainder of his term until early 2015.
A spokesman for Senate Democratic President Don Harmon did not return multiple messages from The Illinoize asking for how the chamber would handle Jones’ potential expulsion.
Another potential option to remove Jones from the Senate, we’re told, would be for Attorney General Kwame Raoul to file a “Quo Warranto” motion accusing that Jones is no longer eligible to serve. A judge could then remove Jones from office.
It hasn’t been a topic of discussion for Senate Democrats, either. We’re told their members have been left “in the dark” in caucus meetings.
Jones’ term runs through the end of 2026.
