If Bob Menendez resigns or is convicted, his Senate seat could be filled through a special election or appointment

Indicted Sen. Bob Menendez (D-NJ) was back in a Manhattan courtroom Monday to begin his New York criminal trial for alleged public corruption, accepting bribes, and acting as a foreign agent.

The third-term senator has remained defiant in his innocence and said he will not resign from office, at least not before a jury hands down a verdict. His case, which centers on allegedly aiding the governments of Egypt and Qatar, as well as receiving lavish gifts from businessmen that included gold bars, is expected to last several months.

If convicted, Menendez, 70, could theoretically continue to serve in the Senate, cast votes, and even be reelected in November.

“It should be noted that Members of Congress do not automatically forfeit their offices even upon conviction of a crime that constitutes a felony,” a 2015 report from the nonpartisan Congressional Research Service states. “There is no express constitutional disability or ‘disqualification’ from Congress for the conviction of a crime, other than under the Fourteenth Amendment for certain treasonous conduct after having taken an oath of office.”

If Menendez refused to resign, he would most likely face expulsion from his peers, which would require a two-thirds majority vote. His support among voters back home has crumbled to single digits as Rep. Andy Kim (D-NJ) is the front-runner to replace him in the November election. Menendez’s term ends on Jan. 3, 2025.

Most Senate Democrats, including leadership members except for Majority Leader Chuck Schumer (D-NY), have already urged Menendez to resign.

He was stripped of his Senate Foreign Relations Committee chairmanship by leadership over the allegations and has said he’ll only seek reelection if exonerated but as an “independent Democrat.” Menendez did not file to run in the June 4 Democratic primary.

Menendez is facing 16 felony counts that include bribery, extortion, fraud, obstruction of justice, and acting as a foreign agent.

No senators in the post-Civil War era have been expelled from the chamber, according to Senate records. Embattled senators have instead chosen to resign or survived expulsion votes.

The most recent example was in 1995 when Sen. Robert Packwood (R-OR) resigned over sexual misconduct and abuse of power allegations but did not face criminal charges. The Senate Ethics Committee recommended he be expelled.

If an absence occurs with Menendez’s seat, whether by resignation or expulsion, Gov. Phil Murphy (D-NJ) would appoint his replacement to serve until the end of the senator’s term.

Jury selection began for Menendez’s case on Monday. He did not make any statements to the media upon his arrival at the courthouse.

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Facing a potential federal criminal conviction is a déjà vu moment for Menendez. He faced similar corruption charges in 2015 from the Department of Justice for alleged campaign contributions and extravagant gifts, including private jet rides and luxury hotel stays, from a friend and donor.

The trial ended in 2017 with a hung jury, and federal prosecutors opted against retrying the case.