TOPEKA, Kan. (AP) — A lawsuit alleges that a suburban Kansas City Republican is ineligible to serve in the Kansas House because of residency issues.

The lawsuit challenging Adam Thomas’ ability to assume his Kansas House seat was filed Monday on behalf of residents of his district in the Spring Hill and Olathe area.

He has been charged with election perjury stemming from allegations that he gave a false address when he filed paperwork declaring his candidacy.

Kansas City attorney Mark Johnson, who filed the suit, says a judge will gather evidence and send it to the speaker of the House of Representatives. The full House will ultimately decide whether Thomas is allowed to be seated.

Thomas didn’t respond to a request for comment.