The Nevada Democratic Party is expected on Thursday to file a lawsuit to kick brainwormed conspiracy theorist Robert F Kennedy Jr off the presidential ballot in November, arguing that his candidacy is invalid because he’s still a registered Democrat, the Nevada Independent reports.

It’s a surprisingly pretty clear-cut case, as the state’s electoral code defines an independent candidate as someone nominated for partisan office but “who is registered with no political party affiliation.” Additionally, state law governing how independent candidates qualify for the ballot includes a requirement that “a person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.” Obviously that second part is a little stretchy and does not say what’ll happen if Kennedy were to re-register as an independent, but that Brainworms is running on the We the People Party in Hawaii, New York and North Carolina, on the American Independent Party ticket in California, for the Natural Law Party in Michigan and the Reform Party in Florida, which would mean he’s technically in violation of that statute.

Kennedy is still currently trying to collect signatures for access to the ballot by the state’s July 5th deadline. He had to restart the petition twice: The first when he hadn’t yet picked crazy gold digger Nicole Shanahan as his running mate as Nevada requires a full ticket for independent ballot access, the second time his campaign misspelled “United States” on the petition paperwork.