Alabama's state auditor is suing Governor Robert Bentley over his appointment of Luther Strange to the U.S. Senate seat previously held by Attorney General Jeff Sessions.
Jim Zeigler filed suit in Montgomery County on Sunday claiming Bentley is wrong in waiting until 2018 to hold an election for the position.
The suit claims Bentley's appointment of Strange broke state laws that require an earlier special election.
Bentley's office has said the appointment is legal, but aides didn't immediately respond to an email seeking comment on the lawsuit.
The appointment is a target for critics because Strange paused an impeachment investigation against the governor before Bentley appointed him to the seat.
Zeigler is a frequent critic of Bentley and has filed several unsuccessful lawsuits against him.