Roy Moore could win the election and still fail to become senator

Roy Moore could win the election and still fail to become senator

MONTGOMERY, AL (WSFA) - While calling for Roy Moore to step aside, top Republican lawmakers in Congress like Mitch McConnell (R-Ky)are looking at ways to keep him out of the Senate even if he wins the special election on Dec. 12.

"We've looked at all the options to try and prevent that from happening," McConnell said Tuesday. "Obviously, this close to the election it's a complicated matter."

Five women have accused Moore of sexually pursuing them while they were underage and Moore was a young 30s assistant district attorney. Monday, Beverly Young Nelson said Moore sexually assaulted her after work when she was 16.

Despite calls from national GOP leaders,  Moore is showing no signs he'll step aside.

According to Nicholas Howard, a professor who used to work for Sen. Orrin Hatch (R-UT), there are two potential routes the Senate could take to remove a victorious Moore.

"It can either expel you or not seat you through an adjudication process," Howard said.

To not seat Moore would require a simple majority vote from the Senate after the question made it through a committee. That's 51 votes.

"The majority vote is not used in cases outside of actual election fraud," Howard explained, adding it is unlikely senators would go this route because it would could create a dangerous precedent for challenges to the seating of future members.

The second - and more likely - route would be expulsion.

"If he wins I think they probably seat him and if the allegations are proved true they would probably move to expel him through a vote of two-thirds of the body," Howard stated.

If Moore were to be removed, Gov. Kay Ivey would have to name a replacement and another special election would be held.

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