(CBS) — The south suburban city of Markham has elected a new mayor: a man with a felony mail fraud conviction. Now, the Cook County State’s Attorney is again saying she will try to remove him from office.

Markham elected Roger Agpawa mayor. He is the fire chief of neighboring Country Club Hills.

He is also a convicted felon.

In 1999, he pleaded guilty to mail fraud in a federal medical insurance fraud case.

By law, that would keep him from taking office.

To take office, Agpawa would reportedly need a presidential pardon.

“Based on his criminal history, Mr. Agpawa is not eligible to take the oath of office for Mayor under the Illinois Municipal Code,” Cook County State’s Attorney Kim Foxx says in prepared statement. “In light of his election, the Office of the Cook County State’s Attorney is prepared to file suit seeking his immediate removal in the event he takes the oath of office.”

WBBM is trying to reach Agpawa for comment.

The candidate Agpawa beat, Perry Browley, tells CBS 2’s Dana Kozlov he would still like to be mayor if Agpawa does not end up in the office.

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