A judge will wait to rule on a vote fraud case involving absentee ballots for the state representative race in the 78th District until results are officially certified from the Secretary of State’s office. Circuit Judge Julian L. Bush on Monday could have dismissed the case filed by Bruce Franks, who lost in the Aug. 2 Democratic primary to incumbent Penny Hubbard. Instead, Bush issued a stay, keeping the case alive. It’s basically a procedural move preventing Dave Roland, the attorney for Franks, from having to refile his official challenge to the election results. He is claiming that a high number of improper absentee ballots tilted the election in Hubbard’s favor.
Attorneys for Hubbard argued for an outright dismissal, telling Bush that Roland filed the challenge too soon, doing so after the results were certified by the city Election Board, but not by the secretary of state’s office, which must do so by Aug. 30.
“There have to be election results before they can be contested,” argued Hubbard attorney Jane Dueker.
Bush also heard arguments on a suit filed by Roland to have the St. Louis Board of Election Commissioners make public the absentee ballot applications and the envelopes in which the ballots were submitted.