A district attorney has asked the Colorado Supreme Court to review an overturned illegal voting conviction.

Marie Rossmiller was originally charged in April 2016 for illegal voting in Pitkin’s election when she also had a home in Aurora, the Colorado Sun reported.

Rossmiller was charged along with seven others, the rest of whom pleaded guilty. She fought her charge because she said although she lives in Aurora during the winter for health reasons, she lives in Pitkin the rest of the year.

She was convicted, but a Gunnison County district judge overturned that conviction in May, citing a lack of proof for intent to commit fraud.

Dan Hostenpiller, the 7th Judicial District attorney, is questioning the standard of needing to prove intent to commit fraud. Hostenpiller says that this basis has jeopardized his ability to fight illegal voting, reports the Colorado Sun.

Per his request, the high court will now determine whether or not to review the case.