Democrats Reconsider Expulsion Votes Amid Cherfilus-McCormick Resignation and Due Process Concerns

Rep. Sheila Cherfilus-McCormick’s sudden resignation has intensified frustrations among some Democrats, who argue the process against her was unfair—and some now regret voting to expel former Rep. George Santos (R-N.Y.) last year.

Why it matters: Lawmakers’ concerns about inconsistent due process in both cases could complicate future efforts to remove House members accused of serious misconduct.

Republicans Push for Another Expulsion Vote

Rep. Nancy Mace (R-S.C.) announced she will introduce a privileged motion next week to force a vote on expelling Rep. Cory Mills (R-Fla.) over allegations of domestic abuse, financial misconduct, and stolen valor.

However, even some Democrats expressed discomfort with taking such drastic action while Mills remains under investigation by the House Ethics Committee. Mills, who denies all allegations, told Axios that unlike Cherfilus-McCormick, he will not resign.

Cherfilus-McCormick’s Resignation and Ethics Case

Cherfilus-McCormick (D-Fla.) announced her resignation on Tuesday afternoon, just hours before the Ethics Committee was set to recommend sanctions against her. The panel had found her guilty the previous month of multiple charges, including funneling $5 million in misallocated COVID funds to her campaign—charges for which she is also facing criminal indictment.

Cherfilus-McCormick has denied any wrongdoing and argued the Ethics process was unfairly biased against her because she could not fully defend herself while awaiting trial.

Mixed Reactions Among Democrats

Many Democrats had planned to vote for her expulsion once the Ethics Committee issued its recommendations. However, her staunchest public defenders remained members of the Congressional Black Caucus (CBC) until the end.

Lawmakers Question Precedent Set by Santos Expulsion

"I think we're going a little too far when we start expelling members who ... fall victim to an indictment, but before they have been convicted or pleaded guilty."

— Rep. Hank Johnson (D-Ga.)

Johnson added that the expulsion of George Santos set a dangerous precedent, stating, "We have gone a little too far with starting that precedent with George Santos, and I regret my vote to expel him even after the Ethics Committee had rendered its report."

"That's the reason I didn't vote for it, wouldn't vote for it now."

— Rep. Jonathan Jackson (D-Ill.), one of only four Democrats who did not vote to expel Santos

Jackson told Axios he has spoken with colleagues who share his regret over their votes. Rep. Emanuel Cleaver (D-Mo.) echoed these concerns, saying, "I feel strongly about that as well ... We ought to be extremely careful about due process."

Santos Expulsion and Aftermath

Santos was expelled in December 2023 by a 311-114 vote after the Ethics Committee accused him of a "complex web of unlawful activity" involving his finances. Reps. Al Green (D-Texas) voted "present," while Reps. Bobby Scott (D-Va.), Jonathan Jackson, and Nikema Williams (D-Ga.)—all CBC members—voted against expulsion alongside 112 Republicans.

"Bobby [Scott] said, 'Hey, I'm not going to vote to expel anybody if they didn't have due process.'"

— Rep. Emanuel Cleaver (D-Mo.)

Santos later pleaded guilty to wire fraud and identity theft, receiving an 87-month prison sentence, though he was later pardoned by former President Donald Trump.

What’s Next?

Axios reached out to multiple lawmakers and Ethics Committee members for further comment, but responses remain pending.