Kansas Attorney General Derek Schmidt issued a statement saying he does not have the authority to remove Rep. Michael Capps from office.
Sedgwick County District Attorney Marc Bennett had asked Schmidt to review his investigation of Capps alleged involvement in creating a political ad critical of then Wichita Mayoral Candidate Brandon Whipple.
Whipple won the election and has filed a lawsuit over the ad.
In his statement, Schmidt says the Kansas Constitution only provides for state lawmakers to be ousted or censured by the members of the legislative chamber they belong to.
Schmidt says his office will refer the Capps’ file to the leaders of the House of Representatives to consider whether expulsion proceedings are appropriate. But he adds that the Kansas Legislature is not set to be in session again before Capps’ term of office expires on Jan. 11.