Secretary of the State Susan Bysiewicz’s attorney Wesley Horton filed his legal brief Friday arguing that there’s no legislative history to show the “active practice” provision has changed since 1897.

The trial brief goes onto explain that a proper construction of the words “active practice” “encompasses a broad spectrum of legal work and is not limited merely to appearing in court or representing clients.”

The underlying lawsuit was filed by Bysiewicz who hopes the court will rule that she’s qualified to run for attorney general.