Topeka ? The lawyer for a disgruntled Kansas Democratic voter says he’s considering his options as he faces a delay in getting a court to hear his lawsuit to force the party to name a new U.S. Senate nominee.

Attorney Tom Haney said Tuesday that voter David Orel of Kansas City, Kansas, was surprised by a state Supreme Court decision sending Orel’s petition to Shawnee County District Court.

Orel filed the petition last week after the Supreme Court allowed Democrat Chad Taylor to have his name removed from the Nov. 4 ballot in the race against Republican Sen. Pat Roberts.

The Supreme Court said Tuesday more evidence must be gathered in Orel’s lawsuit.

Taylor’s move was seen as helping independent candidate Greg Orman and putting the Kansas race in the national spotlight.