A primary challenger to a justice on the Texas Supreme Court is hoping to have the incumbent removed from the ballot with just weeks to go before the start of early voting.

According to reporting from The Texan’s Matt Stringer, Judge Brian Walker filed an emergency petition this week in the Texas Supreme Court, seeking to have incumbent Justice John P. Devine removed from the primary ballot. In Walker’s petition, the challenger alleged that Devine received an inadequate number of petition signatures from voters in the 8th Court of Appeals District, which includes El Paso County, and areas in far West Texas.

Statewide judicial candidates are required to receive ballot petition signatures from at least 50 voters in each court of appeals district before filing their application. According to Walker’s petition, the challenger is alleging that Devine has no more than 45 valid signatures from the district.

Walker is challenging Devine in the Republican primary election for the Place 4 seat on the Texas Supreme Court. The primary election is currently scheduled for Tuesday, March 5.