GOODLAND, Kan. (AP) – A lawyer for a man charged with voting illegally in western Kansas says the case should be dismissed because Secretary of State Kris Kobach isn’t prosecuting it personally.

Defense attorney Jeffery Mason filed a motion Tuesday attacking the three felony and seven misdemeanor charges against Lincoln Wilson in Sherman County District Court.

Kobach’s top assistant filed the case last month.

Wilson’s first court appearance was Tuesday. He is accused of voting illegally in Sherman County in 2010, 2012 and 2014 while also voting in Yuma County, Colorado. Wilson owns property in both.

Mason contends a new state law allowing Kobach to prosecute such cases requires the secretary of state to handle them personally.

Kobach’s office disagreed Wednesday and called the motion “perfunctory.”

A hearing on the motion is Dec. 7.

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