Ohio man files federal suit, claiming Kamala Harris can't replace Biden on the ballot

A Columbiana County man is on a mission to right what he believes is a legal wrong in the upcoming presidential election.

Don Vos of Hammondsville has filed a federal lawsuit against Ohio Secretary of State Frank LaRose to prevent Vice President Kamala Harris from replacing President Joe Biden on the November ballot, claiming it's unconstitutional — although the state agency says the change is allowed.

Biden dropped out of the race last month in a historic move, paving the way for Harris to earn the Democratic nomination.

Armed with self-taught legal knowledge and representing himself, Vos said Article 1, Section 20 of the Ohio Constitution — which indicates that any powers not delegated by the federal government are in the hands of the people — prevents Harris from being placed on the ballot.

"The secretary of state was never explicitly given the power to replace a resigning Democratic Party candidate with his vice president this close to the 2024 presidential election," said Vos, 70. "If the Ohio Constitution doesn't say it can happen, it can't happen and we have to challenge it. I'm the guy to do it."

He filed the complaint on Aug. 1 in U.S. District Court. The case has been assigned to Judge Dan Aaron Polster in Cleveland.

Donald Vos federal complaint by Rick Armon on Scribd

Ohio Secretary of State's Office responds to complaint

Dan Lusheck, who serves as media liaison for Secretary of State Frank LaRose, said Ohio law permits both major parties to nominate any candidate according to their rules so long as the Secretary of State's Office is notified by Sept. 1.

Specifically, Ohio House Bill 2 states a candidate must be selected anytime prior to 65 days before the election. The election is just under 90 days away.

Lusheck said he was unaware of any similar challenges circulating in Ohio courts.

Vos said the only legal candidates on the ballot are former President Donald Trump and independent candidate Robert F. Kennedy Jr. Vos is voting for Trump, but said his ideal ballot was one where Trump took Kennedy as his running mate.

"As someone who's run a civil militia for 30 years, I've always argued the law is the law for you, for me and for everybody," Vos said. "We're planning to file in Virginia, New York and Pennsylvania because I think this is a very valid constitutional question."

Vos said if the Republican Party swapped out Trump for another candidate this close to the election, he would challenge the legality of that as well.

This article originally appeared on The Repository: Ohio man files challenge to allowing Harris to replace Biden on ballot