Appeals Court Rules to Move Forward with State Rep. Special Election

Appeals Court Rules to Move Forward with State Rep. Special Election

A Missouri appeals court has ruled that the special election on Friday will go on as scheduled in the 78th District state representative's race between Bruce Franks Jr. and incumbent Penny Hubbard.

Governor Jay Nixon appointed Erv Switzer as the new St. Louis Board of Elections Chairman and Al Johnson as the board secretary, and they are now responsible for making sure there are not any issues in the special election and the general election in November.

Switzer says he's spent the last week meeting with the staff to try and fix issues with the absentee ballot process in the 78th district. The issue was that 142 absentee ballots were cast electronically in person and were not put in envelopes, which is illegal.

First and foremost, Switzer says the electronic voting machines will not be available for absentee ballots this time around.

He says he's also spent time with representatives with the disabled community in the district to make sure they are able to vote absentee properly with the quick turnaround. Hubbard's attorney Jane Dueker had concerns about disenfranchising voters who may have a hard time getting out to vote again.

Switzer says they're also making sure no one votes on behalf of someone else, which is what is alleged in the primary election, but hasn't been proven by any court so at this point.

He says he has talked with Secretary of State Jason Kander about the need for urgency in certifying the election, because absentee ballots for the military need to be ready by September 23rd.

The Board of Election Commissioners building on 300 N. Tucker will be open Tuesday, Wednesday and Thursday later until 7:00 p.m. to give constituents more time to vote absentee for the special election.

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