A court hearing has been scheduled for later this month in a lawsuit contesting the November election of a Republican state legislator.
David Cole won the House District 10 election in Huntsville and Madison but one of the defeated candidates, Libertarian Elijah Boyd, filed a lawsuit last month alleging that Cole is not a proper resident of the district as required by state law.
The lawsuit maintains that Cole was not a resident of District 10 nor had lived in the district for at least one year as stipulated by state law.
The hearing is set for Dec. 19, according to an order Wednesday by Madison County Circuit Judge Ruth Ann Hall.
Cole has filed a motion to dismiss the lawsuit through attorneys Algert Agricola and Barbara Algricola of Opelika. Algert Agricola did not immediately respond to a request for comment Wednesday.
In the motion to dismiss, Cole’s attorneys argued that the court had no jurisdiction over the residency question and that the appeal should be made to the state House of Representatives.
“Plaintiff/contestant is not left without a remedy but his remedy lies with the legislative branch, not the judicial branch,” the motion said.
Cole was sworn into office on Nov. 9, the day after the election. He fills the seat vacated by longtime legislator Mike Ball, who did not seek re-election.
Cole won the election, receiving 51.62% of the vote, according to unofficial returns. Democrat Marilyn Lands received 44.95% and Boyd 3.41%.
