The Democrats urged a probe and possible action from the ethics panel composed of three senators from each party. The committee can only act based on a majority vote, requiring bipartisan support and making any serious action a long shot.
The complaint charged that Cruz and Hawley "amplified claims of election fraud that had resulted in threats of violence against state and local officials around the country" and "continued their objections to the electors after the attack on the Capitol, escalating the crisis."
The Democrats speculated about whether the GOP senators coordinated with supporters of former President Donald Trump who organized the Jan. 6 rally that preceded the violent attack on the Capitol. The Democrats also listed ethical concerns about fundraising appeals they acknowledged were automated campaigns scheduled in advance.
Cruz of Texas and Hawley of Missouri led Republican senators, joining with their colleagues in the House, in objecting to President Joe Biden's electoral victory after courts tossed dozens of challenges by Trump, who claimed without evidence that the election was stolen due to widespread fraud.
Trump called supporters to Washington for a rally during the formal certification of his loss on Jan. 6, then told them to march to the Capitol. A violent mob overran police, killing one officer and forcing lawmakers to evacuate for several hours before they returned that evening to finish certifying Biden's win by early the next morning.
"At the time the senators announced their support for President Trump's scheme, his rhetoric had already incited threats of violence," the Democrats said. "By continuing to object to the electors after the insurrection, Senators Cruz and Hawley lent legitimacy to the mob's cause. ... The actions of which we know demand an investigation and a determination whether disciplinary action is warranted. Until then, a cloud of uncertainty will hang over them and over this body."
The Democrats urged the Ethics Committee to investigate Cruz and Hawley and "offer recommendations for strong disciplinary action, including up to expulsion or censure."
Hawley rejected the complaint as "a flagrant abuse of the Senate ethics process and a flagrant attempt to exact partisan revenge."
"Democrats appear intent on weaponizing every tool at their disposal — including pushing an unconstitutional impeachment process — to further divide the country. Missourians will not be cancelled by these partisan attacks," he said in a statement.
A Cruz spokeswoman said the Democrats were "playing political games by filing frivolous ethics complaints."
"Cruz debated a question of law and policy on the floor of the Senate [under a process] explicitly authorized by federal law for nearly 150 years," spokeswoman Maria Reynolds said. "Cruz has been consistent, forceful and unequivocal condemning political violence whether from the left or from the right."
The senators who signed the complaint were seven of the chamber's most liberal Democrats, as ranked by GovTrack: Richard Blumenthal of Connecticut, Sherrod Brown of Ohio, Mazie Hirono of Hawaii, Tim Kaine of Virginia, Tina Smith of Minnesota, Sheldon Whitehouse of Rhode Island and Ron Wyden of Oregon.
While the group represents 14% of the Senate Democratic caucus, it does not include any of their 12 party leaders. The highest-ranking signers are Wyden, who chairs the tax-writing Finance Committee, and Brown, who chairs the Banking Committee.
Their complaint now goes to the Ethics Committee, led by Chairman Chris Coons, D-Del., and Vice Chairman James Lankford, R-Okla. The other members are Sens. Brian Schatz, D-Hawaii, Jeanne Shaheen, D-N.H., and Jim Risch, R-Idaho. It appears that Republicans have not yet filled the spot vacated by retiring Sen. Pat Roberts of Kansas. The committee can only act with support from at least four of the six members.
Major action appears a long shot. Sen. Mitt Romney of Utah, the sole Republican to break with his party and vote to remove Trump last year, told reporters on Tuesday that Hawley and Cruz "raised questions which are legitimate within the Senate — not something that I supported, but I think they are entitled to raise those points." Only 10 House Republicans joined Democrats in impeaching Trump last week for an unprecedented second time.
Richard W. Painter, a top White House ethics attorney under former President George W. Bush, told Law360 that "there's enough to go on to investigate." He questioned whether lawmakers could be punished for floor speeches or votes, but he said it would be serious if there were coordination with rioters or advance knowledge that the protest would turn violent.
"Objecting to the certification was frivolous, [but] I don't know if that in and of itself would warrant disciplinary action," Painter said. "I think the most serious thing is any coordination between them or their staff and the people who made a violent entry into the Capitol."
There is no evidence of such coordination, although Democrats have questioned whether any House Republicans gave tours to people in town for Trump's rally.
While Painter served in a Republican administration, he has lately joined with Democratic ethics experts, most recently urging the Senate Ethics Committee to probe the reported phone call from Sen. Lindsey Graham, R-S.C., to Georgia elections officials.
This year's certification of electoral votes saw an unprecedented scope of objections from Republicans, with 139 representatives and eight senators voting against certification of electoral votes from Arizona, Pennsylvania or both.
Republicans have pointed out that Democrats dominate the recent history of objections.
In 2001, Vice President Al Gore had to preside as a group of House Democrats raised objections to his opponent's narrow victory following the U.S. Supreme Court ruling that ensured Bush won Florida. No senator joined the objection in 2001, so there was no debate or vote.
In 2005, Sen. Barbara Boxer, D-Calif., joined with Rep. Stephanie Tubbs Jones, D-Ohio, to force a debate and votes; no other senator joined Boxer. Several House Democrats objected in 2017, but no senator joined them.
--Editing by Jay Jackson Jr.
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