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SALT LAKE CITY (AP) -- Senator Scott McCoy will remain in his new position.
The Senate G-O-P has decided not to expel the Salt Lake City Democrat over questions about his residency qualifications for office.
McCoy is the state's first openly gay state senator. He was elected by Democrats last week after Senator Paula Julander resigned for health reasons.
A conservative activist raised questions, claiming McCoy didn't meet the requirement of living in the state three years prior to the filing date for the office.
Julander's last filing date was March 2002 and McCoy moved to Utah just three months before that deadline.
But the constitution doesn't spell out a time period for midterm vacancies.
McCoy said he's pleased there will be no action taken against him.
(Copyright 2005 by The Associated Press. All Rights Reserved.)