ST. LOUIS • An appellate court has ruled that the do-over election on Friday between Penny Hubbard and Bruce Franks Jr. for 78th District state representative will go on.

“There was substantial evidence to support the trial court’s decision, it was not against the weight of the evidence, and the court did not erroneously declare or apply the law. The judgment is affirmed,” Judge Roy L. Richter wrote on behalf of the Missouri Court of Appeals.

“No matter what happens Friday, we already won,” Franks said, adding that he had called attention to a “broken system that has no choice but to fix itself now.”

Jane Dueker, attorney for Hubbard, said Tuesday afternoon that no appeal would be made to the Missouri Supreme Court.

“She is going to focus on getting her disenfranchised constituents to the polls and winning this election for a second time,” Dueker said of Hubbard. “Obviously, she is very disheartened by the decision. The only people with constitutional rights — the voters — lost today.”