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

Don Vos of Washington Township filed a challenge in the U.S. District Court 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 states in the 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.

The civil suit comes as delegates to the Democratic National Convention use electronic ballots to select their nominee for president ahead of this month's national convention in Chicago.

According to the Associated Press, Harris is the only eligible candidate who qualified by Tuesday’s deadline.

Ohio Secretary of State Frank LaRose has not yet filed a response to the lawsuit.  21 News has reached out to his office and is waiting for a response.