Rep. Sean Maloney, D-New York (Courtesy photo)

A lawsuit has been filed to challenge the decision by Rep. Sean Patrick Maloney, D-New York, to run at the same time to be New York's next attorney general and to hold his seat in Congress. Maloney has said he will seek re-election to his seat in the House if he loses the September primary for state attorney general. He believes that decision does not violate state law, but a group of seven residents, including his Republican opponent in the House district, disagreed in the lawsuit filed this week. The lawsuit claims Maloney violated state election law when he filed signatures earlier this month to be included on the statewide primary ballot in September, when Democrats will choose their nominee for state attorney general. He's already the Democratic nominee in New York's 18th Congressional District. Maloney is not allowed to run for both positions at once because the two positions are incompatible, the lawsuit claims. “The rules of the United States House of Representatives prohibit a Member of congress from practicing law, and engaging in actions that include fulfilling the duties and obligations of the office of New York State Attorney General,” the lawsuit said. For that reason, the lawsuit claims Maloney's signatures to run for both offices should be invalidated under state law, leaving him out of this year's election cycle altogether. Maloney's campaign has argued the law should be interpreted differently. It has argued that he can remain a candidate for both offices until the primary for state attorney general, at which point he would either lose the primary or drop his bid for Congress. James O'Donnell, the Republican running against Maloney in the 18th Congressional District, which covers a swath of the lower Hudson Valley, criticized him for seeking both offices at the same time. “Sean Maloney is busy doing Attorney General commercials and debates while the residents of the 18th congressional district are stuck in limbo,” O'Donnell said in a statement. “It's not just illegal, it's unethical and insulting; the residents of this district shouldn't be anyone's consolation prize.” A hearing on the matter was scheduled for Aug. 2 in Albany County State Supreme Court.