(WBIR-Madisonville) The current sheriff of Monroe County plans to file an injunction over newly elected Randy White, because of his qualifications.

Bill Bivins, the democratic incumbent, told 10News he will file the paperwork next week.

Last month, the commission that oversees law enforcement officers in Tennessee, or POST, announced White isn't certified to be on the ballot, but it was too late to remove his name from the ballot because early voting had already started.

In Thursday's election, White got 53% of the vote, to Bivens' 46%.

"(White) refuses to observe the law himself and the election commission condoning that activity stands them to the lawsuit," said Jerry Ogle, the Democratic party chairman for Monroe County said Friday. The party filed a separate lawsuit over the race last week.

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"The process right now is to find a judge who can hear this lawsuit," he added.

White did not return our phone calls.