Federal judge tosses Columbiana County man's bid to keep Kamala Harris off the ballot

AP Photo/Wilfredo Lee

A federal judge has dismissed a lawsuit filed by a Columbiana County man claiming it's unconstitutional to let Vice-President Kamala Harris replace President Joe Biden on the November ballot.

U.S. District Court Judge Aaron Polster on Thursday threw out a challenge filed by Don Vos of Washington Township seeking a restraining order or permanent injunction that would prohibit the Ohio Secretary of State from allowing Democrats to put any other name than Joseph Biden on the ballot as their candidate for President.

"As Joe Biden bowed out of the race for President the only 2 people that can be in the race can be Kennedy and Trump,” Vos stated in his complaint. 

In support of his argument, Vos cites Article I, Section 20 of the Ohio Constitution’s Bill of Rights:

“This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.”

Vos, who filed the suit himself without the help of an attorney, says no place in the state constitution allows a President to bow out of the race and be replaced by any other Democrat.

Judge Polster said in his ruling that the court has no jurisdiction over what candidates are put forth by any political party.

The judge also said in his opinion that federal district courts are required to screen such complaints, "and to dismiss before service any such action that the court determines is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief."

Polster also states that an appeal from his decision could not be taken in good faith.

Since Vos filed the complaint, Robert Kennedy Jr. had removed himself as a candidate and thrown his support behind Donald Trump.