Kansas Secretary of State Kris Kobach has asked a judge to dismiss the lawsuit seeking to remove President Barack Obama from the ballot.

Deputy Secretary Ryan Kriegshauser argues in the request that taking Obama off the ballot would violate some voters’ rights.

Kriegshauser notes that Kansas began mailing ballots with Obama’s name to military personnel overseas last week.

The lawsuit was filed last week in Shawnee County District Court by California attorney and dentist Orly Taitz. She has promoted the discredited notion in several states that Obama isn’t eligible to serve as president.

District Judge Larry Hendricks has scheduled a hearing on the lawsuit Wednesday.