ST. LOUIS (KTVI) – It is up to three Missouri Court of Appeals judges to decide whether a special election in a Democratic primary should proceed on Friday. A circuit judge ordered the remake special election for the 78th Missouri House District nomination. Incumbent State Representative Penny Hubbard won the August race. However, challenger and fellow Democrat Bruce Franks charged the St Louis City Election Board violated state law in the way it handled absentee votes cast at the election board office. Judge Rex Burlison agreed and threw out the August primary results and ordered a makeover election for Friday, September 16.
Hubbard's attorney Jane Dueker argued "all 4,316 voters have now been disenfranchised based on a technicality that has nothing to do with the authenticity of a single vote. "
Franks said "this is not an attempt to disenfranchise any voter. When something is wrong and there is an injustice happening, we have to stand up and fight and that's exactly what we did."
The St Louis City Election Board is proceeding with preparations for the special election in the city on Friday. The case could be appealed to the Missouri Supreme Court if there is time.