A cardinal who was sentenced to five and a half years in prison after being convicted of embezzlement said Tuesday he intends to participate in the next conclave — the election to pick Pope Francis’ successor — even though the Holy See press office has declared him a “non-elector.

Any baptized Catholic male is eligible, though only cardinals have been selected since 1378. The winner must receive at least two-thirds of the vote from those cardinals under age 80 and thus eligible to participate.