LINCOLN, Neb. (AP) — The Nebraska secretary of state says Republican gubernatorial candidate Pete Ricketts can replace former Lieutenant Governor Lavon Heidemann as his running mate on the November ballot.

Secretary of State John Gale said Wednesday that Ricketts can make the switch to Mike Foley after Heidemann resigned from office and withdrew from the race. A judge this week granted a protective order against Heidemann after his sister alleged that he grabbed her wrists and pushed her during a family dispute.

Attorneys for Ricketts’ campaign say Nebraska’s constitution trumps a state law that imposes a September 1st deadline for naming a running mate.

The Nebraska Democratic Party says placing Foley on the ballot would expose the Ricketts campaign to a legal challenge from any Nebraska voter if Ricketts were to win.