A federal lawsuit is seeking to put end to or change the upcoming California recall election hoping to oust incumbent governor Gavin Newsom.

The Hill reports:

At issue is how the recall ballot is structured. Voters will be asked two questions: whether Newsom should be recalled, and which candidate should replace him if he is recalled. Newsom’s name is not currently allowed to appear on the second question as a candidate.

The lawsuit argues that Newsom could receive more votes than any other candidate, but still be removed from office and replaced with someone who received fewer votes. The California Democratic Party is urging voters to cast their ballot against the recall, while leaving the second question about a potential replacement for Newsom blank.

“Thus, although Gov. Newsom could receive more votes against his recall on issue 1, still a candidate who seeks to replace him and who receives fewer votes could be chosen to be Governor,” the lawsuit reads.

The lawsuit says that would violate the Constitution’s Equal Protection clause.

“This process is violative of the Equal Protection and Due Process Clauses of the Constitution’s Fourteenth Amendment, because it flies in the face of the federal legal principle of ‘one person, one vote,’ and gives to voters who vote to recall the Governor two votes – one to remove him and one to select a successor, but limits to only one vote the franchise of those who vote to retain him and that he not be recalled, so that a person who votes for recall has twice as many votes as a person who votes against recall,” it reads.

The recall election is set to take place on Sept. 14th. So far, Republican challenger Larry Elder is leading in some polls against the Democrat governor.