The top election official in Kansas was dismissed as a defendant from the lawsuit filed by a Wichita mathematician seeking voting machine tapes after finding statistical anomalies in election counts.
Kansas Secretary of State Kris Kobach said in a statement Thursday he was pleased but not surprised.
The move leaves Sedgwick County Elections Commissioner Tabitha Lehman, whose office actually has the tapes, as the only defendant in the case.
Wichita State University statistician Beth Clarkson wants the tapes to do a statistical model by checking the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election.
Kobach says the law is clear regarding auditing procedures and contends he should have never been a party to the lawsuit in the first place.