Ricketts, House GOP leader both calling on Fortenberry to resign

Governor says ‘do the right thing’ and focus on family

LOS ANGELES (Nebraska Examiner) — Both Gov. Pete Ricketts and the Republican leader in the U.S. Congress called Friday for U.S. Rep. Jeff Fortenberry to resign, following his conviction for lying to federal investigators and trying to conceal illegal campaign donations.

“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,” Ricketts told the Nebraska Examiner in a statement Friday morning.

“I think when someone is convicted, it’s time to resign,” U.S. Rep. Kevin McCarthy, R-Calif., the Republican leader in the House told Punchbowl News.

A jury of eight women and four men in California took just over two hours to render guilty verdicts on three felony charges faced by the 61-year-old Republican.

The congressman, who has represented Nebraska’s 1st congressional district since 2005, faces up to five years in prison on each of the counts.

U.S. District Judge Stanley Blumenfeld set June 28 for sentencing.

A Fortenberry campaign spokesman said that a statement will be forthcoming from the congressman, who said Thursday evening after the verdicts that he planned to appeal.

State Sen. Patty Pansing Brooks of Lincoln, who is seeking the Democratic nomination for the 1st District, said Fortenberry’s conviction was a “wake-up call” and a “sad day” for the state. But she called for new leadership, not Fortenberry’s resignation Friday morning.

“It is clear that his ability to effectively represent the citizens of this congressional district has been irreparably damaged,” Pansing Brooks said.

Under federal law, if Fortenberry resigns, a special election would be required to fill the vacancy within 49 days of the vacancy being announced in Congress. Congressional vacancies cannot be filled by appointment.

Under “extraordinary circumstances,” the governor of the state could schedule a special election sooner, but those circumstances generally occur when there are more than 100 vacancies in the House.

Political parties would nominate candidates for the special election.

State Sen. Mike Flood of Norfolk has challenged Fortenberry for the GOP nomination in the spring primary on May 10.

Under rules of the U.S. House of Representatives, a member is not disqualified from serving if convicted of a felony.

Fortenberry had already surrendered his ability to vote in committees, per internal party rules when a  congressional representative is indicted for a felony. However, upon a conviction of a crime for which the punishment may be two or more years’ imprisonment, that ban extends to also voting on the floor of the House as well as in the committee.