On Feb. 21, Rep. Diego Hernandez (D) resigned from the Oregon House of Representatives. He represented District 47 from 2017 to 2021.
On May 4, 2020, the interim House Conduct Committee in the Oregon House of Representatives opened an investigation after seven individuals accused Hernandez of verbal and physical sexual harassment and creating a hostile workplace environment.
Hernandez did not participate in the investigatory hearing and issued the following statement in response: “I have no idea what the concerns raised are or by whom. I do know that there has been an organized campaign against me recently to get me out of the office I was duly elected to and I was threatened this would happen if I didn’t resign. Due process matters, I ask that people withhold judgment until the investigation is complete.”
On May 11, Hernandez filed a tort claim against the Oregon state legislature, citing damages related to the following: “abuse of process, discrimination (gender and national origin/race) under state and federal law, aiding and abetting discrimination, bullying/mobbing, whistleblowing retaliation (ORS 659A.199, ORS 659A.203, ORS659A.206), intentional infliction of emotional distress, intentional interference with a prospective economic relationship, defamation, violation of due process under state and federal law, and other potential claims.”
After nine months, the committee voted 4-0 to recommend expulsion to the House. Hernandez filed a lawsuit to halt further movement on the measure, but United States District Judge Ann Aiken denied judicial interference. Hernandez resigned from his seat the following day on Feb. 21.
If there is a vacancy in the Oregon Legislature, the board of county commissioners representing the vacant seat must select a replacement. This can only be done when the legislature is in session or when the vacancy happens more than 61 days before the next scheduled general election. The board must consider at least three candidates and select a person from the political party that last held the vacant seat. Persons selected to fill House seats serve for the remainder of the unexpired term.
As of the morning of Feb. 24, there have been 28 state legislative vacancies in 20 states this year. Eleven of those vacancies have been filled, with 17 vacancies remaining. Hernandez’s vacancy is one of 13 Democratic vacancies to have occurred in 2021. So far, seven vacancies have been filled by Democrats, while three have been filled by Republicans.
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