FORT WAYNE, Ind. (WANE) On Thursday, Special Judge Craig J. Bobay called a hearing for January 13, 2017 to take up the issue of a contested Allen County Council seat of which one of the three available seats was won by a candidate who passed away shortly before the election.

Roy Buskirk died on Nov. 4 – four days before he won re-election. While Republicans caucused to fill his seat, Democrats filed a lawsuit in Allen County court that alleged Buskirk’s postmortem re-election was null and void and the fourth place candidate, Democrat Palermo Galindo, should win the seat.

Among other things, Galinda contends Buskirk was ineligible to be a candidate, and therefore should not have been on the ballot.

Republicans maintain they followed proper procedure.

Judge Bobay has asked that all legal memoranda in support of the position held by both parties should by January 6, 2017.