TALLAHASSEE, Fla. (AP) — A judge is throwing out a lawsuit that sought to keep President Barack Obama off Florida’s ballot.

Leon County Circuit Judge Terry Lewis ruled Friday that the lawsuit had a number of flaws, including the fact that Obama is not yet that Democratic Party’s presidential nominee. That will take place at the party’s convention in Charlotte, N.C. next month.

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The lawsuit by Fort Lauderdale automobile salesman Michael Voeltz challenged whether Obama can serve as president because he isn’t a “natural born citizen.” It not only questioned Obama’s Hawaiian birth certificate, but said he wasn’t qualified to be president because his father wasn’t an American citizen.

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Voeltz was represented by conservative legal activist Larry Klayman.

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