TOPEKA, Kan. (AP) -- Kansas Secretary of State Kris Kobach's office is asking a judge to dismiss a lawsuit seeking to remove President Barack Obama from the state's Nov. 6 ballot.

The Lawrence Journal-World reports (http://bit.ly/V2gANa ) that Deputy Secretary of State Ryan Kriegshauser argues in the request that taking Obama off the ballot would violate some voters' the rights.

Kriegshauser notes that Kansas began mailing ballots with Obama's name to military personnel overseas last week.

The lawsuit was filed last week in Shawnee County District Court by California attorney and dentist Orly Taitz. She has promoted the discredited notion in several states that Obama isn't eligible to serve as president.

District Judge Larry Hendricks has scheduled a hearing on the lawsuit Wednesday.