PHOENIX (CBS5) -
He's not even a state lawmaker yet, but Darin Mitchell is already in the middle of a big scandal.
Mitchell was back in court Friday, hoping to avoid being disqualified from next month's election.
A superior court judge recently ruled that the Republican candidate does not live in District 13, where he was a running for a seat in the state House of Representatives.
However, Friday's hearing in front of a state appeals court panel had nothing to do with where Mitchell calls home.
Mitchell's attorney Tim LaSota wants the case thrown out because his client was not served with the original lawsuit soon enough, in accordance with Arizona law.
"There was no misleading of voters at all," said La Sota. "It is true he didn't live in the district for five years, that much we will admit, but he did live in there at the times the law required for him to live in the district."
Mitchell had claimed to be living in a house under construction in Litchfield Park spending each night sleeping on a mattress on the floor.
Neighbors testified they'd never seen him around.
The house belongs to Mitchell's campaign chair and Mitchell was not paying any rent.
"You don't get to put your thumb on the scale of justice and then laugh about it all the way into the State House," said attorney Tom Ryan, who filed the lawsuit on behalf of lawmaker Russ Jones(R) Yuma. "We're not going to allow that to happen here."
The judges are expected to rule on the case by the end of the month and determine whether Mitchell will be eligible to be elected.
His name already appears on the ballot.
"Once we have a decision we will make a comment," Mitchell said.
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