MONTGOMERY, Ala. (WHNT) — Governor Kay Ivey has announced the special election date to fill the Alabama House District 10 seat, previously held by David Cole, who resigned after pleading guilty to voter fraud.

The special primary election is set for Tuesday, December 12, 2023, the special primary runoff, if necessary, for Tuesday, January 9, 2024; and the special general election for Tuesday, March 26, 2024, the Governor’s Office announced Monday.

The special election comes after former Alabama Rep. David Cole resigned from his seat in August after pleading guilty to a voter fraud felony charge.

“The people in House District 10 deserve to be fully represented in the legislative process, and by calling this special election, we will ensure that to be the case. Those in public office must be held accountable and to the highest standard,” said Governor Ivey. “I encourage everyone in this district to get out and vote during this special election to ensure you have a strong voice advocating for you in the Alabama Legislature.”

Cole, a Republican, won 52% of the vote in the House District 10 race in November 2022.

Cole’s residency was raised as an issue by Elijah Boyd, the Libertarian candidate who finished third in the race last year. Boyd filed a lawsuit on Nov. 22 alleging Cole was ineligible to run for the Madison County seat because he failed to meet the state law requirement that he reside in the district for at least one year prior to the general election.

Cole’s campaign has said he and his family moved in with a friend prior to that date and subsequently moved into their own residence within the district. In responding to the lawsuit, Cole’s attorneys have not focused on that dispute, instead arguing that under state law an Alabama circuit court has no jurisdiction and that it is exclusively a matter for the Alabama Legislature.

News 19 will continue to provide coverage of the special election and declared candidates.