The veteran Cook islands politician Norman George will file an appeal in the high court this morning against the decision to dismiss his electoral petition.
The Tumu Enua leader had filed a petition after the results of last month's elections against his rival Eugene Tatuava in the Tengatangi-Areora-Ngatiarua constituency on Atiu.
Justice Kenneth Hingston dismissed the entire petition earlier this week owing to the lack of evidence.
Mr George has already made an oral application to the court, which was approved by Justice Hingston.
The Cook Islands News reports Mr George as saying the appeal will be, "based on questions of law and facts".
Mr George says he hopes to have the case heard during the next court of appeal sitting for the Cook Islands, in New Zealand on the ninth of November.