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First step in impeachment proceedings of Troy Kelley introduced in House

by caprecord

Two state representatives filed a resolution Tuesday to begin the process of impeaching State Auditor Troy Kelley for “malfeasance of office,” which they say includes the abandonment of his office and illegally delegating authority to an unelected official.

Rep. Drew MacEwen, R-Union, and Rep. Drew Stokesbary, R-Auburn, introduced the resolution at a press conference Tuesday that calls for the indicted auditor to resign. If Kelley refuses, the resolution creates a committee of six members of the House to begin drafting articles of impeachment.

“All of this lies squarely on the shoulders of Troy Kelley,” MacEwen said. “It rests squarely with him and the resolution rests with him.”

However, the resolution looks unlikely to advance to a vote on the House floor while negotiations on the budget are ongoing.

House Speaker Frank Chopp said in a statement released just before Tuesday’s press conference that “now is not the time” for impeachment proceedings, adding that House Republican Minority Leader Dan Kristiansen agrees.

Chopp said impeachment proceedings would be a “major distraction from the more pressing and time-sensitive challenges” facing the Legislature as it negotiates a two-year operating budget.

Stokesbary said he remains optimistic there will be time during the special session to vote on the resolution. “I think it is possible to handle multiple things at once,” he said.

TVW taped Tuesday’s impeachment press conference — watch it online here.

Kelley is taking an undefined leave of absence from his position as auditor while facing federal charges of tax evasion, stealing money and lying under oath. He has delegated authority to Jan Jutte, the office’s director of operations.

It takes 50 votes for the House to impeach. The Senate would then hold a trial, which requires two-thirds of the chamber’s members to vote for a conviction and remove Kelley from office.

Senate Majority Leader Mark Schoesler said at a media availability on Tuesday the resolution is a step to explore “whether you really have a case.”

“If the majority in the House is willing to look into it, I think a resolution to study it is better than taking the next step,” Schoesler said.

The Republican media availability is posted online at TVW here. Members also answered questions about budget negotiations, saying they are continuing to go through the House and Senate budgets line-by-line to identify differences.

Sen. John Braun, R-Centralia, said they expect to spend another day going through the budgets, then he believes the next step is up to the House. “Are they willing to pass a tax package they’ll vote for and then allow us to frame a box that we can sit down and negotiate with?” he said.

The House has scheduled a hearing on Wednesday on a proposed capital gains tax, and a hearing Thursday on a cap-and-trade plan that would raise $500 million.