COLUMBUS, Ohio (AP) – A judge has rejected claims raised in an election-eve lawsuit that new software used in voting equipment in some Ohio counties could cause ballots to be altered.

Federal judge Gregory Frost said in a ruling Tuesday that the elections activist who raised the allegation has shown zero chances of succeeding if the case went to trial.

Frost said Bob Fitrakis, a Green Party candidate for Congress, presented only theories and opinions that the software might cause voting night irregularities.

Fitrakis and his attorney had wanted Frost to order Ohio Secretary of State Jon Husted (HYOO’-sted) to stop using the software and break the state’s contract with Omaha, Neb.-based Elections Systems & Software.

A message was left with Fitrakis’ attorney seeking comment.