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ST. LOUIS, MO (KTVI)- A St. Louis City judge will have just a few days to decide if a new election should be ordered in a Democratic primary race. The St. Louis Election Board wants to know by Tuesday morning if a special election must be held for the 78th Missouri House nomination.

Testimony in the case concluded Thursday afternoon. Bruce Franks filed the suit after he lost the primary by 90 votes to incumbent state Representative Penny Hubbard. He alleges voters were mislead and misinformed by the Hubbard campaign. His attorney, David Roland pointed to mistakes by the city’s election board and irregularities in how absentee ballots were handled.

Hubbard’s attorney, Jane Dueker said, “ There was not even an allegation that Representative Hubbard had anything to do with this.”

The case centers on interpretation of Missouri state election law relating to absentee voting procedures. Franks won the election day vote, but Hubbard took the race because of a large number of absentee ballots.

At the same time, the St. Louis City Circuit Attorney is investigating complaints from voters about possible fraud in the absentee ballot process.