Despite an ongoing court battle, a special election has been scheduled for April 8, 2017, to fill a seat in the territory’s unicameral legislature.

Kevin Rodriguez placed sixth in the November election, however, the Supreme Court of the U.S. Virgin Islands determined he was ineligible to hold a seat because he does not meet the residency requirement. Rodriguez filed another suit in the District Court of the U.S. Virgin Islands, but the court left the decision to the governor.

Rodriguez has appealed the ruling to the U.S. Court of Appeals for the Third Circuit and asked the St. Thomas Board of Election to postpone the special election until a decision is reached. The Board of Election, however, plans to move forward.