Maine Secretary of State Shenna Bellows says a transgender athlete referendum should appear on the ballot despite a lawsuit claiming many signatures in support of it were invalidated.

The referendum asks voters if they approve of a requirement for Maine students to play on sports teams and use bathrooms and locker rooms in accordance with the sex listed on their birth certificate.

The suit filed by three Mainers claims that the referendum did not gather the required number of signatures.

In a brief filed Friday, Assistant Attorney General Jonathan Bolton, who’s representing Bellows, said some signatures were found to be not valid, but not enough to justify pulling the question from the ballot in November.

Bolton acknowledged that other issues brought by the suit may deserve further scrutiny, but the court should only take them up if they make a difference in the outcome of the case.