Judge Declines to Rule on Missouri Primary Election Challenge - State and Federal Communications

August 24, 2016  •  

Judge Declines to Rule on Missouri Primary Election Challenge

missouri-hiA candidate who lost the Democratic primary for a Missouri House seat is challenging the primary election results.

Bruce Franks lost the primary in the 78th District to Penny Hubbard by roughly 90 votes. Franks won the in-person vote, and Hubbard’s margin of victory came solely from absentee ballots.

Franks filed suit last week alleging some people who cast absentee ballots did not qualify to apply for them. On Monday, a judge issued a stay in the case and deemed the lawsuit premature because the secretary of state has not yet certified the official election results.

This is potentially problematic for Franks, as state law requires all primary election challenges to wrap up by the end of August. If a special election is ordered, it must occur within 30 days of an order being issued. Furthermore, candidates may not be placed on a general election ballot less than six weeks prior to the election. Even if his challenge is successful, Bruce Franks would need to be certified the primary winner by September 27 to be placed on the general ballot.

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