The Alabama Supreme Court on Friday rejected an appeal from a state lawmaker whose election last year is being contested by another candidate in the race over claims the lawmaker did not live in the district he was elected to represent.

State Rep. David Cole, R-Madison, appealed to the Supreme Court after Madison County Circuit Judge Ruth Ann Hall denied Cole’s motion to dismiss the lawsuit brought by Elijah Boyd, the Libertarian candidate in the race for House District 10 that includes parts of Huntsville and Madison. The appeal sought for the high court to order Judge Hall to dismiss the case.

The court did not issue an opinion with its order, which came a month after Cole’s appeal. Chief Justice Tom Parker and all eight associate justices concurred with the decision.

Cole’s attorneys, Algert and Barbara Agricola, have argued in court filings that circuit court has no jurisdiction in a contested election and that, in this case, it should be heard by the state House of Representatives because Cole had already been sworn into office when Boyd filed the election contest.

Cole was sworn into office on Nov. 10, the day after his general election victory over Boyd and Democrat Marilyn Lands. Cole replaced longtime District 10 Rep. Mike Ball, who retired and did not seek re-election. Boyd filed his complaint on Nov. 22.

Cole had also asked Judge Hall to put the lawsuit on hold pending the ruling by the Supreme Court, which Hall had also denied.

Boyd maintained in contesting the election that Cole did not live within District 10 for one year before the election, citing a requirement in Article IV of the Alabama Constitution. Cole also cited Article IV in asserting that the state House of Representatives has “exclusive jurisdiction” in election challenges.

“Now that the Supreme Court has unanimously rejected Dr. Cole’s arguments about jurisdiction and told him that he must testify under oath regarding the fact that he doesn’t live in District 10, we expect the depositions in this case to proceed quickly,” Boyd’s attorney, Barry Ragsdale of Birmingham, said in a statement to AL.com. “The citizens of District 10 deserve a representative who actually lives in their district and who takes seriously his oath to follow the Constitution’s residency requirements, rather than trying to mislead voters about it. It’s a shame that we have had to wade through all his lawyer’s baseless legal maneuvering to get to point where Cole is going to have to tell the truth under oath. We look forward to taking his deposition.”

Cole’s attorneys did not immediately respond to a request for comment Friday.

According to the certified election returns, Cole received 51.6% of the vote. Lands received 44.96% and Boyd 3.42%.