Topeka ? Kansas Secretary of State Kris Kobach on Thursday disputed a key argument made by the Democratic nominee for the U.S. Senate in petitioning the state Supreme Court to remove his name from the ballot.

Democrat Chad Taylor’s withdrawal from the race potentially improves the chances of independent candidate Greg Orman defeating three-term Republican Sen. Pat Roberts. The national GOP has counted on Roberts winning re-election as it fights for control of the Senate, and some Democrats nudged Taylor out of the race.

If Taylor remains on the ballot, he could pick up anti-Roberts votes and possibly cost Orman a tight election. The Kansas Supreme Court on Thursday set hearings on the petition for next week.

Taylor ended his campaign last week. But Kobach, a conservative Republican publicly backing Roberts, ruled as the state’s chief elections official that Taylor did not comply with a state law limiting when nominees can withdraw. Taylor went to the Kansas Supreme Court this week and said he’d been assured by Brad Bryant, the deputy assistant secretary of state who runs the elections division in Kobach’s office, that a letter Taylor wrote withdrawing was sufficient to get his name off the ballot.

But Bryant said in a signed, notarized statement released by Kobach on Thursday that he did not make such a statement. Kobach posted it on his office’s website and his office said he will file it with the court by noon Monday.

“The public deserves to know exactly what transpired,” Kobach said.

Pedro Irigonegaray, a Topeka attorney, did not immediately return a telephone message seeking comment after he had access to Bryant’s affidavit. The Orman and Roberts campaigns declined comment.

The Supreme Court set arguments on Taylor’s petition for 9 a.m. Tuesday. County election officials must start sending ballots to military personnel overseas Sept. 20, but Kobach has said ballots could be printed the day before.

Taylor, 40, is the Shawnee County district attorney. His decision to end his campaign thrust the Kansas race and Orman, a 45-year-old Olathe businessman, into the national spotlight.

Roberts, 78, looked vulnerable after emerging from a tough GOP primary race. He recently retooled his campaign, bringing in two national Republican consultants.

Taylor’s legal team includes a prominent Washington-area attorney who has represented Democratic candidates across the nation, as well as national party groups.

Bryant said in his statement that Taylor first asked by phone Aug. 28 or 29 about the deadline for withdrawing, which was Sept. 3, the day Taylor submitted his letter.

A state election law allows nominees’ names to be removed from the ballot only if they die or declare in writing that they are incapable of serving. Taylor cited the law in his withdrawal letter but has never said exactly why he dropped out.

Bryant said in his statement that the only time Taylor raised his letter’s adequacy as an issue was after submitting it in person, by asking whether his name would be removed from the ballot. Bryant said he “gestured that the answer was uncertain.”

“Further, I at no time affirmed or stated to Mr. Taylor that his letter contained all the necessary information to comply,” Bryant said.

Taylor submitted his own affidavit to the Kansas Supreme Court in which he said he asked Bryant directly beforehand whether the letter was sufficient and, “Mr. Bryant said ‘yes,’ confirming to me that the letter to me was sufficient to withdraw my name from the ballot.”

Bryant said in his statement that he directed a subordinate to remove Taylor’s name from a list of candidate’s website but was directed several hours later by Kobach to restore it.