Jay Paterno is asking a court to remove his name as a candidate for Pennsylvania's lieutenant governor from the May 20 primary ballot.
His lawyer filed a petition in Commonwealth Court on Monday.
Paterno, son of the late Penn State football coach Joe Paterno, pulled out of his first election campaign Friday. He did so just before a scheduled hearing on a challenge to his nomination petitions that's backed by one of his opponents, Harrisburg City Councilman Brad Koplinski.
Paterno's exit came two days after the deadline for candidates to withdraw, raising the possibility that his well-known family name would remain on the ballot and siphon votes from other candidates.
Koplinski had threatened to seek a court order to get Paterno's name off the ballot if he didn't do so.