In a motion filed by his legal team on Wednesday, Representative Jim Glenn is calling on the Kentucky House to dismiss the election challenge filed by D.J. Johnson in his race, arguing that since he has now been seated and sworn in as an elected representative, the only action the House can take to remove him is impeachment.
Glenn was seated and sworn in on Tuesday with the rest of the 100 members of the House. As noted in the filing, “there is no provision in the state law or Constitution which allows the body to reverse that binding public determination.”
Further notes from the filing:
Jim Glenn is a state representative by order of the body, acting pursuant to the law and the state Constitution. The law is clear in holding that a state representative may only be removed through a formal impeachment procedure and none has been filed against him. Johnson’s previously filed “election contest” is not a valid means of removing a seated state legislator or other elected official. Johnson’s action is now moot and must be dismissed.
This body should note that impeachment requires specific bad action by the individual charged. A petition must “set out the facts alleging that an impeachable offense has been committed by a public officer.” No such offense can be alleged in this case. For this reason, Glenn disputes that impeachment proceedings could be properly maintained against him. Because Glenn now has a property interest in his seat, any attempt to improperly deprive him of it may subject members and advisory staff to liability under state and federal statutes.
Here is a copy of the motion to dismiss: 01-09 Glenn Motion To Dismiss
On Wednesday morning, the motion was given to the ad hoc House committee hearing the challenge. The committee then met Wednesday afternoon, with counsel for both sides present and allowed to make a brief statement. Tomorrow (Thursday), each counsel must file a list of evidence and witnesses they want included in the case. Legal briefs must be filed by January 18 at 4:00 PM, with the hearing set for January 23 at 9:00 AM.