July 17 (UPI) — Republican Congressman Cory Mills won the first round of his bid to stay on the primary ballot in Florida.

Mills was sued June 19 by primary challenger Michael Johnson for his seat that represents Seminole and South Volusia Counties. The suit alleged that Mills didn’t sign at least one of his documents and that it was notarized in Washington, D.C., not in Florida, as Florida law requires.

Judge J. Lee Marsh agreed with Mills and his lawyers and dismissed the suit with prejudice, meaning the case is closed.

Mills is also under investigation by the House Committee on Ethics over allegations that he may have broken some laws, rules or standards of conduct.

The lawsuit was a test of a new law passed in Florida that created a process to challenge someone’s eligibility to run for office.

Mills and his lawyers argued that the new law is about qualifications like age, residency, not the ballot and that Florida election officials had accepted his candidacy.

He said, “it’s clear on its face the Legislature has given the Secretary of State the ministerial duty of reviewing those oaths on the paperwork for qualification and submission. The court can’t read behind that.”

“Ultimately the voters are entitled to choose as long as people meet the requirements of office,” Marsh said.