A spokesperson did not immediately respond Monday night when asked whether she intends to vote.

The statement was released on the eve of when rules surrounding the trial are expected to be finalized Tuesday by the Texas Senate. There are 31 senators in the chamber, which is led by Republican Lt. Gov. Dan Patrick, who has declined to comment on Sen. Paxton’s potential participation in the trial.

Ken Paxton is temporarily suspended from office pending the outcome of the trial.