A judge in Indianapolis says Democrats’ argument that Republican Charlie White is not eligible to serve as Indiana Secretary of State may be valid, but the state Recount Commission should rule on the issue.

White was indicted earlier this year on charges of fraud stemming from his use of his ex-wife’s address and not his own while voting in the May primary and serving on a city council. The indictment came weeks after the Recount Commission dismissed a challenge on similar grounds.

The judge has ruled that the dismissal was not in accordance with the law. Today’s decision will require the panel to hear the case again.

Democrats say their candidate from November—Vop Osili—should be named Secretary of State.