The Arkansas House will convene Oct. 11 to consider a resolution to expel Republican Rep. Mickey Gates, who copped a no-contest plea on charges he’d failed for years to file state income taxes. This according to the Associated Press, quoting an announcement from House officials posted on Twitter.

Gates has refused to resign and will run for re-election. He says his plea deal sentenced him as a first offender, which means he doesn’t have a conviction of a crime, a condition for disqualification in the Arkansas Constitution.

The House is allowed by law to be the judge of its members, but it can only expel a member once for the same offense. Thus, Gates’ attorney argues, even if the House votes to expel Gates, he could run again and, if elected, couldn’t be expelled again in 2021.

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Voters could fix this, of course, but they re-elected him in 2018 while multiple felony charges were pending against him. He got a probationary sentence and must repay more than $70,000 (which doesn’t reflect all the money says he failed to pay.)

A two-thirds vote will be necessary to adopt the resolution.