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 have failed to state a legitimate claim.

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.

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

A hearing on the motions is set for Nov. 16.