Topeka ? The Kansas Supreme Court has sent a lawsuit attempting to force Democrats to name a new U.S. Senate nominee to a lower court.

The Supreme Court’s order Tuesday said that the petition filed last week by disgruntled Democratic voter David Orel, of Kansas City, Kansas, didn’t contain enough evidence for the justices to make legal decisions. The high court sent the case to Shawnee County District Court.

Democrat Chad Taylor’s withdrawal from the race against three-term Republican Sen. Pat Roberts was widely seen as helping independent candidate Greg Orman’s chances of winning by avoiding a major split in the anti-Roberts vote.

Orel filed his petition last week only minutes after the Supreme Court removed Taylor from the Nov. 4 ballot. Orel’s son works on Republican Gov. Sam Brownback’s re-election campaign.