ST. PAUL, Minn. (AP) — Minnesota’s new lieutenant governor has formally responded to a lawsuit which argues that it’s unconstitutional for her to also hold her seat in the state Senate.

In a court filing Tuesday, Michelle Fischbach argues an 1898 Minnesota Supreme Court decision allows her to do both jobs. Her attorney, Kevin Magnuson, argues the Senate is the “sole judge” of its members’ eligibility.

Destiny Dusosky, a constituent in Fischbach’s heavily Republican Senate district who chaired the local Democratic Party chapter last year, filed the challenge in Ramsey County District Court.

As Senate president, Fischbach ascended to the office lieutenant governor when Gov. Mark Dayton appointed Tina Smith a U.S. Senator following the departure of Al Franken.

A hearing on the case is scheduled next Tuesday in Ramsey County District Court.

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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