Sexual harassment and expulsion

In January 2016, Durham was accused of sexually harassing three women (by text message) who worked at the legislature. When speaking to the media about the allegations, Lieutenant Governor and Speaker of the Senate Ron Ramsey said, "Obviously, we don't want the press lynching anybody. But the press didn't force anyone to send text messages after midnight asking for pictures."^[17] Durham resigned as House Majority Whip on January 24, 2016.^[18] On January 27 House Speaker Beth Harwell said she agreed with Ramsey that Durham should be expelled from the state legislature.^[19][20][21] Durham has said that he did not remember sending the texts. He told the Republican Caucus that he would seek "help", then clarified to the Williamson Herald, a newspaper in his district, that he meant he would speak to his doctor about finding ways to manage stress.^[19]

On April 1, 2016 Durham filed papers and announced his intention to run for re-election.^[22] On April 7, 2016, Speaker Harwell directed that Durham's office be moved out of the Tennessee State House into a nearby building and restrictions were placed on his access to state facilities. The Tennessee Attorney General had recommended that some action be taken as his preliminary investigation indicated Durham might pose a risk to "unsuspecting women."^[23] On July 13, 2016, the Attorney General's special investigation found that Durham had sexually harassed at least 22 women, reportedly "...including a then-20-year-old college student who told investigators Rep. Jeremy Durham plied her with a cooler full of beer and had sex with her in his office in 2014.".^[4] On July 14, 2016 Durham announced he was suspending his re-election campaign.^[24][25]

Since the AG report, House Democrats had called for Durham's expulsion. Republicans joined in after learning he could still draw his pension even though he would not be in office for the next legislative session. An expulsion would prevent his pension from vesting.^[26] Governor Bill Haslam called an extraordinary session of the General Assembly to convene in September 2016. This session was to address DUI laws that would cost the state $60 million in federal funding if the state was not in compliance by October 1.^[27] The expulsion of Durham was not included in the proclamation as Haslam said it was not the role of the administration to decide.^[26] Speaker Beth Harwell commented that she would push for an expulsion motion during the session. Durham's attorney raised concerns over the constitutionality of an expulsion motion in an extraordinary session as it was outside the scope of the Governor's call. However, the Speaker and the House Clerk's office stated that an expulsion motion is procedural instead of legislative and that there is also precedent for the House passing Resolutions during an extraordinary session. Republican Caucus Chairman Glen Casada pointed to the 1866 extraordinary session where the General Assembly expelled six members following the ratification of the Fourteenth Amendment.^[28] The expelled Members in 1866 were intentionally absent from the session in an attempt to stop the ratification through the lack of quorum.

On the second day of the extraordinary session, Representative Susan Lynn made the motion to expel Durham during the unfinished business portion of the agenda. Durham spoke from the well defending himself and criticized the lack of due process during the procedures. He also answered some questions from other Representatives during the debate before eventually leaving the Capitol abruptly.^[29] A motion was made to force Durham to return to the Chambers to continue answering questions; however that motion failed. Durham was then expelled from the Tennessee House of Representatives on September 13, 2016 with a vote of 70-2-16.^[29] Most of the sixteen abstaining voters sided with Durham's criticism over the lack of due process.^[30]