The argument has been debunked and rejected many times, but that hasn’t stopped people from continuing to file lawsuits disputing President Barack Obama’s eligibility to serve. A South Florida man is behind one of the latest challenge, asking that Obama be blocked from having his name listed on the Florida ballot this fall.

Plaintiff Michael Voeltz filed the suit in Leon County circuit court in February. His attorney, Larry Klayman, says he has evidence Obama wasn’t born in the United States and therefore is not a citizen eligible to serve as president. Even if he were born in Hawaii, Klayman said, the president isn’t a “natural born citizen” as required in the U.S. Constitution because his father wasn’t a citizen.

Gov. Rick Scott has been a critic of Obama, but his administration is siding with the president on this issue. Attorneys for Secretary of State Ken Detzner appeared at a hearing this morning alongside the president’s lawyers to argue for the case to be dismissed.

The suit is without standing because Obama won’t officially become the Democratic nominee for president until after the party’s convention in September, the defense argued. Right now he is simply a candidate, albeit one without opposition in primary, they said.