FORT WORTH, Texas —Republican state Sen. Kim Brimer has filed a lawsuit against his Democratic opponent, attempting to get her disqualified from the race.

Brimer, of Fort Worth, filed the suit Thursday, claiming that Wendy Davis should be kicked off the November general election ballot because she filed to run for the state Senate seat while still on the Fort Worth City Council.

“I want to run against a legal opponent,” Brimer said in a statement e-mailed to the Fort Worth Star-Telegram on Thursday. “The eligibility questions surrounding my opponent need to be addressed before the fall election.”

The suit also names Tarrant County Democratic Party Chairman Steve Maxwell and Texas Democratic Party Chairman Boyd Richie as defendants.

Brimer’s legal argument is nearly identical to one made six months ago by three Fort Worth firefighters, the newspaper reported. The 2nd Court of Appeals tossed out that case, ruling that only a political opponent had legal standing to challenge Davis’ eligibility.