Can Roy Moore be expelled if he wins Alabama's Senate seat?

While calls for Roy Moore to step down have grown louder after a fifth woman accused him of sexual misconduct on Monday, the Senate hopeful shows no signs of conceding.

Despite polls that show his cushy lead over Democrat Doug Jones has all but vanished with one month left until the Alabama special elections, 50 pastors showed their steadfast support for Moore in a letter that claimed he would “fight for morality.”

And even if Moore steps down, it’s too late for his name to be removed from the ballot under state rules.

Sen. Cory Gardner (R-CO) certainly accounted for the possibility that Moore could go on to win the seat in Alabama, a state that hasn’t elected a Democratic U.S. senator since 1992.

“If he refuses to withdraw and wins, the Senate should vote to expel him, because he does not meet the ethical and moral requirements of the United States Senate,” Gardner said

That would prove to be a remarkable feat, given the last expulsion took place 155 years ago.

14 PHOTOS
Women who have accused Roy Moore of sexual assault
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Women who have accused Roy Moore of sexual assault
Beverly Nelson (L) shows a school year book with attorney Gloria Allread during a news conference announcing new allegations of sexual misconduct against Alabama Republican congressional candidate Roy Moore, in New York, November 13, 2017. REUTERS/Lucas Jackson
Gloria Deason
Wendy Miller
Gloria Deason
Wendy Miller
Gloria Deason
Accuser Beverly Young Nelson, reacts while reading a statement claiming that Alabama senate candidate Roy Moore sexually harassed her when she was 16, in New York, U.S., November 13, 2017. REUTERS/Lucas Jackson
Attorney Gloria Allred stands with accuser Beverly Young Nelson, holding a sketch of herself made when she was 16 after reading a statement claiming that Alabama senate candidate Roy Moore sexually harassed her when she was 16, in New York, U.S., November 13, 2017. REUTERS/Lucas Jackson
Beverly Nelson (L) reacts as she reads a statement to reporters with attorney Gloria Allred during a news conference announcing new allegations of sexual misconduct against Alabama Republican congressional candidate Roy Moore, in New York, November 13, 2017. REUTERS/Lucas Jackson
NEW YORK, NY - NOVEMBER 13: Beverly Young Nelson (L) speaks to the media with her lawyer Gloria Allred, at a news conference where she has accused Alabama Republican Senate candidate Roy Moore of sexually abusing her when she was 16 on November 13, 2017 in New York City. Moore, a controversial politician who recently won a run-off against Luther Strange for Alabama's Senate seat, is currently fighting accusations alleging that he pursued sexual relationships with teenagers -- including a 14-year-old -- when he was in his 30s. (Photo by Spencer Platt/Getty Images)
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How is a senator expelled from office?

According to Article 1, Section 5, of the U.S. Constitution, the Senate can expel a member with a two-thirds vote after the Select Committee on Ethics launches its own investigation.

The committee would have to find grounds for the expulsion based on testimony from his accusers and other witnesses.

Beverly Young Nelson, who came forward on Monday to accuse Moore of groping her and trying to push her head toward his crotch when she was 16, said she would be willing to testify under oath. It remains unclear if the others are willing to do so.

19 PHOTOS
Roy Moore through the years
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Roy Moore through the years
FILE PHOTO: Alabama Chief Justice Roy Moore faces the media after being removed from office in Montgomery, Alabama, U.S. November 13, 2003. REUTERS/Bob Ealum/File Photo
UNITED STATES - AUGUST 4: GOP candidate for U.S. Senate Roy Moore, holding an article about Senate Majority Leader Mitch McConnell, R-Ky., speaks during the U.S. Senate candidate forum held by the Shelby County Republican Party in Pelham, Ala., on Friday, Aug. 4, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore speaks during a candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore speaks during a candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
ATLANTA - SEPTEMBER 7: Suspended Alabama Chief Justice Roy Moore speaks to parishoners at The Church of the Apostles September 7, 2003 in Atlanta, Georgia. Moore's Ten Commandments monument was recently removed from the Alabama Judicial Building in Montgomery, Alabama. (Photo by Erik S. Lesser/Getty Images)
MONTGOMERY, AL - AUGUST 16: Alabama Chief Justice Roy Moore leaves a rally in support of a monument of the Ten Commandments August 16, 2003 in Montgomery, Alabama. Moore said Thursday that he will defy a federal judge's order to remove the monument from the state judicial building rotunda. (Photo by Gary Tramontina/Getty Images)
MONTGOMERY, AL - AUGUST 25: Alabama Chief Justice Roy Moore leaves a news conference at the State Judicial building August 25, 2003 in Montgomery, Alabama. Moore is currently suspened for not following a federal court order to remove his Ten Commandments monument from the building. (Photo by Gary Tramontina/Getty Images)
MONTGOMERY, AL - SEPTEMBER 26: Republican candidate for the U.S. Senate in Alabama, Roy Moore, greets guests after arriving at an election-night rally on September 26, 2017 in Montgomery, Alabama. Moore, former chief justice of the Alabama supreme court, is in a primary runoff contest against incumbent Luther Strange for the seat vacated when Jeff Sessions was appointed U.S. Attorney General by President Donald Trump. (Photo by Scott Olson/Getty Images)
FAIRHOPE, AL - SEPTEMBER 25: Republican candidate for the U.S. Senate in Alabama, Roy Moore, speaks at a campaign rally on September 25, 2017 in Fairhope, Alabama. Moore is running in a primary runoff election against incumbent Luther Strange for the seat vacated when Jeff Sessions was appointed U.S. Attorney General by President Donald Trump. The runoff election is scheduled for September 26. (Photo by Scott Olson/Getty Images)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore speaks during a candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore arrives for the candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
WASHINGTON, DC - OCTOBER 13: Roy Moore, GOP Senate candidate and former chief justice on the Alabama Supreme Court speaks during the annual Family Research Council's Values Voter Summit at the Omni Shorham Hotel on October 13, 2017 in Washington, DC. (Photo by Mark Wilson/Getty Images)
UNITED STATES - OCTOBER 31: Alabama Republican Senate nominee Roy Moore, is questioned by the media in the Capitol on October 31, 2017. (Photo By Tom Williams/CQ Roll Call)
FAIRHOPE, AL - SEPTEMBER 25: Republican candidate for the U.S. Senate in Alabama, Roy Moore, speaks at a campaign rally on September 25, 2017 in Fairhope, Alabama. Moore is running in a primary runoff election against incumbent Luther Strange for the seat vacated when Jeff Sessions was appointed U.S. Attorney General by President Donald Trump. The runoff election is scheduled for September 26. (Photo by Scott Olson/Getty Images)
FAIRHOPE, AL - SEPTEMBER 25: Republican candidate for the U.S. Senate in Alabama, Roy Moore, greets guests at a campaign rally on September 25, 2017 in Fairhope, Alabama. Moore is running in a primary runoff election against incumbent Luther Strange for the seat vacated when Jeff Sessions was appointed U.S. Attorney General by President Donald Trump. The runoff election is scheduled for September 26. (Photo by Scott Olson/Getty Images)
FAIRHOPE, AL - SEPTEMBER 25: Republican candidate for the U.S. Senate in Alabama, Roy Moore, speaks at a campaign rally on September 25, 2017 in Fairhope, Alabama. Moore is running in a primary runoff election against incumbent Luther Strange for the seat vacated when Jeff Sessions was appointed U.S. Attorney General by President Donald Trump. The runoff election is scheduled for September 26. (Photo by Scott Olson/Getty Images)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore arrives for the candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - AUGUST 3: GOP candidate for U.S. Senate Roy Moore speaks during a candidates' forum in Valley, Ala., on Thursday, Aug. 3, 2017. The former Chief Justice of the Alabama Supreme Court is running in the special election to fill the seat vacated by Attorney General Jeff Sessions. (Photo By Bill Clark/CQ Roll Call)
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How common is this?

Expulsion is very uncommon. A total of fifteen Senators have been expelled, the majority of which occurred during the Civil War for disloyalty.

Many congressmen facing expulsion in the last century have preemptively resigned.

Expulsion proceeds are being contemplated against Sen. Robert Menendez (D-NJ) who is currently being tried for corruption.

In 1995, the Committee on Ethics recommended Sen. Robert Packwood (R-OR) be expelled for “repeatedly committing sexual misconduct,” obstructing the committee’s inquiries, and seeking favors that would “enhance his personal financial position.”

Hours after the report was issued, Packwood resigned. 

20 PHOTOS
Women share photos of themselves at age 14 in response to Roy Moore allegations
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Women share photos of themselves at age 14 in response to Roy Moore allegations
I was eating a lot of chocolate chip cookie dough and learning to do the “hustle” and not worrying about a 32 year… https://t.co/A4MDPdG9w7
This was me at 14. l had plants in my room with names for them and l drew pictures of my beagle Cookie. l was in Th… https://t.co/Nf8i3ozSV5
#MeAt14 I worshipped my brother. I loved my dog, Pucci. I loved OMD. I had Big hair. I was happy. I was innocent.… https://t.co/UxkncAWzz5
@lizzwinstead lizz i was actually 15 in this pic .. but pregnant at 14. it took me decades to realize the most of t… https://t.co/gwBuIuM1zc
There is something seriously wrong with anyone who thinks 14 is old enough to consent. #MeAt14 https://t.co/rfPnuwLWL1
When you're in your 30's, luring a vulnerable 14-year-old to your house is not "dating." #sexualpredator This is… https://t.co/4AmD01ktb7
#MeAt14 shouldn't have been allowed to pick out my own clothes, definitely not old enough to consent to being grope… https://t.co/RqQD9pbNvC
Can’t consent at 14. Not in Alabama. Not anywhere. #MeAt14 https://t.co/AFUw1Ru4X2
This is me at 14. I wasn’t dating a 32 year old male. I was riding horses, playing basketball, and trying to surviv… https://t.co/kH5Za1TB2m
This is me at 14. I was on the gymnastics team and sang in the choir. I was not dating a 32 year old man. Who were… https://t.co/q27izzub36
This is #MeAt14 Wish I could say I had never been kissed.But when I was 11 @ friends slumber party, n outdoor hide&… https://t.co/I2rjy1mBgj
This girl was a dreamer w/ambitions of becoming a marine biologist & someday meeting David Bowie. This girl became… https://t.co/0ub1xO1A3S
This is me at 14, a shy and innocent bookworm. No way is a 14-yr-old developmentally prepared to date a 32-yr-old m… https://t.co/zdb79nPnDt
#MeAt14 Here's a diary entry about the time I started crying at a dance because I was scared of dancing with boys.… https://t.co/McRbxyBRKM
Can’t consent at 14. Not in Alabama. Not anywhere. #MeAt14 https://t.co/4V51WZJljC
@lizzwinstead I played clarinet, obsessively read "Interview with the Vampire", and memorized hockey stats for fun.… https://t.co/xC2ELLqRjM
This is #MeAt14. I had a B in Algebra and I hated getting my braces tightened. I wasn’t dating 32-year-old men. https://t.co/4Yb6AKML4M
This is me at 14. I was in a production of Guys and Dolls. Here we're singing "Bushel and a Peck." I was not dating… https://t.co/VUARYBVgqO
This is me at 14. I wasn’t dating a 32 year old male. I was riding horses, playing basketball, and trying to surviv… https://t.co/kH5Za1TB2m
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