The former Midland city councilman says his lawsuit is meant to eliminate questions about his eligibility to run.

Dingus wants to determine if he'll be allowed on the ballot.  Dingus sued in state district court in Austin. No hearing has been set.

A federal judge last month ruled Dingus was ineligible for the District 82 House race because he didn't resign his city council seat before filing his candidacy.

Texas Democratic Party spokesman Hector Nieto said he couldn't comment on the lawsuit because party officials haven't reviewed it. The party has told a federal appeals court in New Orleans that it will appeal the ruling by the federal judge -- who said the party should remove Dingus from the ballot.