Attorney Lee Davis is asking Circuit Court Judge Andrew Freiberg to dismiss an extortion charge against County Commissioner Tim Boyd.
Commissioner Boys is due to appear in court on Friday for his arraignment.
Attorney Davis said the commissioner committed no criminal act and said he and East Ridge Mayor Brent Lambert were involved in "political conversation" during two phone calls instigated by Mayor Lambert and secretly recorded by him.
Despite the charge, Commissioner Boyd defeated Mayor Lambert by almost 500 votes in Tuesday's election.
Attorney Davis said Mayor Lambert made the secretly recorded calls prior to going to the DA office or the TBI. He claimed it was politically motivated and said Mayor Lambert used the charge to try to draw votes in mailers and by other means.
He said Mayor Lambert released the content of the tapes without telling authorities.
Click here to read the motion.