MADISON COUNTY, Ala. (WHNT) – A sentencing date has been set for a former Alabama legislator charged with felony voter fraud.

Former Alabama District 10 Rep. David Cole resigned from his seat in August after being charged in an investigation brought by the Alabama Attorney General’s office.

Court records show Cole’s plea agreement calls for him to serve 60 days in the Madison County Jail. The plea agreement says Cole agreed to a three-year prison sentence that would be split between the 60-day jail term and probation.

The charge against Cole followed a lawsuit filed after the 2022 election. The suit alleged Cole did not live in District 10 for a year before last November’s election as is required by state law.

Cole’s plea agreement detailed his plan to lease a 5×5 space at a friend’s home for $5 a month. According to court records, Cole never moved into the home, never ate or slept there, visited the house twice, and never stepped past the foyer. He is charged with using that home’s address to vote in the 2022 primary and runoff elections.

Sentencing is set for October 10, at 9 a.m. in the Madison County Circuit Court.

A special election will be held in December to fill Cole’s vacant seat.