LINCOLN, Neb. (AP) — The group that led a petition drive to reinstate Nebraska’s death penalty is asking a judge to dismiss a lawsuit that could keep the issue off the 2016 ballot.

Attorneys for Nebraskans for the Death Penalty filed a motion to dismiss the case earlier this week, arguing that the death penalty opponents who sued failed to state a legitimate claim.

The lawsuit filed last month argues that the death penalty ballot measure is invalid because Governor Pete Ricketts wasn’t listed as a sponsor even though he was a major donor.

Nebraskans for the Death Penalty is also seeking an order to halt discovery in the case until the judge rules on the motion to dismiss.

A second lawsuit challenging the proposed ballot language is also pending.