An Alabama legislator, accused of not living in the district he was elected to represent in Montgomery, appealed Tuesday to the state Supreme Court.

State Rep. David Cole, R-Huntsville, won election to the State House in November but that election is being contested by Elijah Boyd, an opponent in the race running as a Libertarian. Boyd, in contesting the election, said Cole was not rightfully elected because he did not live in House District 10.

Cole’s appeal to the Supreme Court comes less than a week after Madison County Circuit Judge Ruth Ann Hall denied his motion to dismiss the lawsuit.

Cole has argued through his attorneys, Algert Agricola and Barbara Agricola of Opelika, that the circuit court does not have jurisdiction to act on a contested election. Instead, such a dispute is the province of the state House of Representatives with the attorneys citing Article IV in the Alabama Constitution.

The 97-page writ of mandamus filed with the Supreme Court asks for the high court to order Judge Hall to dismiss the lawsuit for lack of jurisdiction.

The motion before Judge Hall also asks for all proceedings in the lawsuit to be stopped pending a ruling from the Supreme Court.

According to his bio on his campaign website, Cole is medical director of Occupational Health Group and was a decorated Army physician in Afghanistan and Iraq. He won 51.5% of the vote with Democrat Marilyn Lands getting 45% and Boyd 3.4%.

Cole, who won the seat vacated by longtime state Rep. Mike Ball, was sworn into office on Nov. 9, 2022 – the day after the election.

In the motion to halt all proceedings until the Supreme Court rules, Cole’s attorneys argue that continuing with the case in circuit court would be to “encroach upon matters constitutionally assigned exclusively to the legislative branch of government by the Alabama Constitution.”