Nebraska Gov. Pete Ricketts and House Minority Leader Kevin McCarthy on Friday both called for U.S. Rep. Jeff Fortenberry to resign after the Nebraska congressman’s conviction on three felonies.
Meanwhile, the rest of Nebraska Republican leadership chose not to say what they thought he should do.
A federal jury in Los Angeles deliberated less than two hours Thursday evening before convicting the nine-term congressman on one count of concealing conduit campaign contributions and two counts of lying to federal agents.
Fortenberry, 61, is the highest-ranking elected official in Nebraska history to be convicted of a felony. He already was facing a challenge in the May Republican primary from State Sen. Mike Flood.
Ricketts’ spokesman released this statement Friday:
“The people of Nebraska’s First Congressional District deserve active, certain representation. I hope Jeff Fortenberry will do the right thing and resign so his constituents have that certainty while he focuses on his family and other affairs.”
And in a press conference after a House GOP retreat Friday morning, McCarthy said he had texted Fortenberry about the conviction and planned to speak with him later Friday.
“I think he had his day in court, and I think if he wants to appeal, he can go do that as a private citizen,” McCarthy said. “I think when someone’s convicted, it’s time to resign.”
House Speaker Nancy Pelosi, a Democrat, also urged Fortenberry to resign, telling the Associated Press that the conviction “represents a breach of the public trust and confidence in his ability to serve.
“No one is above the law,” she said.
If Fortenberry were to resign before Aug. 1, a special election would be held no later than 90 days after the date of his resignation.
However, no matter what occurs, Fortenberry’s name still will be on the ballot for the May 10 primary. Friday was the deadline for early voting ballots to be sent out to military and overseas citizens by the Nebraska Secretary of State’s Office, and March 1 was the deadline for candidates to be removed from the ballot. No special election could be held before the May primary.
If Fortenberry chooses to resign after Aug. 1, the results of the general election will stand and the winner will be sworn in soon after he or she is elected, without needing to wait until Fortenberry’s term officially ends in January.
Felons are eligible to run for and serve in Congress, but the vast majority choose to resign under threat of expulsion. Congressional rules also bar members from voting on legislation after a felony conviction unless their constituents reelect them, AP reported.
Fortenberry’s trial was the first of a sitting congressman since Rep. Jim Traficant, D-Ohio, was convicted of bribery and other felony charges in 2002.
Fortenberry campaign spokesman Chad Kolton told the AP on Friday that Fortenberry had no immediate response to the calls for his resignation.
“He’s spending time with his family right now,” Kolton said. “That’s what’s most important today.”
Flood has been endorsed by Ricketts and former Gov. Dave Heineman. Flood’s campaign manager, Ryan Kopsa, declined to comment on Fortenberry’s conviction.
“We’re just going to be quiet today,” Kopsa said.
State Sen. Patty Pansing Brooks, who is running for Fortenberry’s seat as a Democrat, said Friday morning that Fortenberry’s conviction was a “wakeup call.”
“While the ultimate fate of Congressman Fortenberry is yet to be determined, it is clear that his ability to effectively represent the citizens of this congressional district has been irreparably damaged,” she said.
Pansing Brooks said she found no joy in Fortenberry’s conviction.
A spokeswoman for Rep. Don Bacon, who represents Nebraska 2nd District, said she didn’t think Bacon had spoken to Fortenberry since the verdict.
“It’s time for Fortenberry to make some tough decisions,” said press secretary Abbey Schieffer, offering what she said would be the only comment Bacon makes on the conviction.
Bacon’s campaign manager, Derek Oden, said Bacon has not endorsed anyone in the 1st District race and doesn’t plan to before the primary.
The communications director for Rep. Adrian Smith provided a statement from Nebraska’s 3rd District congressman:
“This is a challenging time,” wrote spokeswoman Tiffany Haverly. “Congressman Fortenberry has difficult choices to make about what’s best for the First District and for his family.”
Taylor Gage, the executive director of the Nebraska Republican Party, didn’t return multiple messages seeking comment.
This report contains material from the Associated Press.
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