ST. PAUL, Minn. (AP) – Minnesota Democrats and a write-in House candidate are suing to replace a Democratic state lawmaker on the ballot after he had a sexual encounter with a 17-year-old boy.

DFL Party Chairman Ken Martin and Democratic nominee Erik Simonson on Friday asked the Minnesota Supreme Court to remove Rep. Kerry Gauthier from the ballot and put Simonson on. The lawsuit was first reported by Minnesota Public Radio News.

Gauthier dropped out last month after the July rest stop incident became public. Local party activists nominated Simonson for the reliably Democratic seat in Duluth.

The lawsuit contends that keeping Gauthier’s name on the ballot will create confusion. It says Gauthier formally asked the St. Louis County auditor to withdraw last week.

Republican Travis Silvers is also on the ballot.

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