LINCOLN, Neb. (AP) — The Libertarian candidate for governor is suing to have former Lt. Gov. Lavon Heidemann’s name returned to the Nebraska ballot as the running mate for Republican gubernatorial candidate Pete Ricketts.

Mark Elworth Jr. filed the suit Friday in Lancaster County District Court. In it, he requests a writ of mandamus to require Secretary of State John Gale to certify Heidemann as the Republican candidate for lieutenant governor. Elworth cites state law that says the last day for a candidate nominated in the primary election to withdraw is Sept. 1.

Heidemann withdrew a week later on Tuesday after a judge granted his sister a protective order against him.

Gale’s office has already certified the ballots that include Mike Foley as Ricketts’ running mate.