The Senate GOP Caucus has decided not to try to expel the Salt Lake City Democrat for questions about his residency qualifications for office.

McCoy, the state's first openly gay state senator, was elected by Democrats last week after Sen. Paula Julander, D-Salt Lake City, resigned for health reasons. A conservative activist raised questions, claiming McCoy didn't meet the constitutional 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 was pleased there would be no action taken against him. Sen. Chris Buttars, a West Jordan Republican who McCoy battled with over a same-sex marriage ban, patted McCoy on the back Thursday afternoon and told him no one would try to expel him.

"It is nice because I've got enough hard work to do for my district," McCoy said. "Having that on your mind is difficult."

One senator could have moved to oust McCoy from the body, though it would have taken 20 senators to pass the motion. Democrats hold eight of the 29 seats.

Senate President John Valentine said the GOP Caucus - had a "robust discussion" on McCoy but it centered on his residency status and not on McCoy himself.