Citizen activist Robert Davis filed a lawsuit challenging the plan to hold the state’s presidential primary election on February 27, arguing even if the Legislature adjourns early, the law authorizing the early primary election must also go into effect 91 days before the county election boards authorize the printing of absentee and overseas ballots in January.

Secretary of State Benson’s attorney acknowledged if the House and Senate do not adjourn next week the election may not take place until March 12.

Davis’s lawsuit also seeks to remove former President Donald Trump from the ballot due to his role in the insurrection on January 6.

A hearing on both issues will be held on November 9 at 8:30 a.m. and streamed live on YouTube.