A U.S. District Court judge has ordered the Florida Democratic Party to hold off picking a new candidate for Congress to replace April Freeman, who died last week.

Candidate Pam Keith, who is suing to overturn a state law that prohibits her from running, said a temporary restraining order issued late Friday will give her the chance to make a case why the law that keeps her out of the race is unconstitutional.

The order from U.S. District Judge Elizabeth Kovachevich sets a hearing for noon Monday in Tampa.

Keith and another candidate filed the suit Friday seeking postponement of Saturday's scheduled meeting of Democratic chairs from the nine counties in the 17th Congressional District to name a replacement for Freeman.

The meeting will still be held Saturday, but no candidate can be selected until after Monday's hearing.

Florida law prohibits a candidate from running for more than one public office if the terms of the positions would overlap.

Keith ran unsuccessfully for the Democratic nomination for Congress from the 18th District and R. David Walker lost a bid to be the party nominee for agriculture commissioner. Walker is also a plaintiff in the case.

The 17th District runs from North Fort Myers north to Polk County and east to Lake Okeechobee.

Previous coverage:U.S. House candidate April Freeman dies suddenly

More:Optimism spurs battle for Democratic nomination to replace deceased candidate

A third potential candidate, Todd Truax of Bonita Springs, was also defeated in a bid for Congress and would also have been disqualified.

An attorney, Keith, said she was informed of the law by Democratic Party officials late Friday morning and immediately drafted the suit.

Keith filed the suit in Tampa on Friday afternoon, then appeared before Judge Kovachevic and obtained the temporary restraining order.

The candidates claim that the state prohibition on seeking dual offices cannot apply in a congressional race because the the U.S. Constitution sets the qualifications to serve in Congress.

"The Constitution of the United States outlines what the qualifications are for running for congressional office," Keith said. "The states do not get to unilaterally create their own requirements for federal office; that's not how it works."

The suit names the state of Florida and the Florida Democratic Party as defendants. Keith said she had to list the party as a defendant because it is running the process under which a successor candidate to Freeman will be chosen.

She added that the party has given no indication that it opposes her suit.

Keith, of Palm Beach Gardens, acknowledges the state's right to bar people from running for more than one state or municipal office but said it cannot supersede federal requirements.

"The provisions and eligibility to run for Congress are for the protection of the people so that they can choose who can represent them in Washington," she said. "The eligibility requirements for federal office are federal law; they cannot be burdened by a state provision."

The only requirements in the U.S. Constitution for a congressional candidate are that the person be 25 years old, a citizen for seven years and an inhabitant of the state they wish to represent.

Keith is not a member of the Florida Bar. She is certified to work in Florida as an in-house counsel to a private entity under a special rule. She is admitted to practice law in Washington, D.C., Indiana and Illinois and practiced law in the Navy as part of the Judge Advocate General's Corps.

The U.S. Supreme Court has considered similar cases over the years, drawing a distinction between substantive qualifications to be a member of Congress, which it has struck down. and state rules that govern election procedures, which it has upheld.

Keith claims Florida's law cannot be considered procedural.

"To determine who gets to be considered to be the nominee, it goes to the heart of who gets to sit in Congress," Keith said. "I explained how this provision puts the party at such a disadvantage that it can't possibly be kosher, this punishes the voters for the bad luck of their nominee dying."