FORT WAYNE, Ind. (AP): A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election.

Palermo Galindo says Republican Roy Buskirk should never have been certified as one of the three winners because he died of cancer on Nov. 4, four days before the election. The Journal Gazette reports Galindo filed a lawsuit Tuesday against the Allen County Election Board.

Galindo was the fourth top vote-getter in the election and his attorneys argue one of the three contested seats should be his because Republicans did not fill the ballot vacancy created by Buskirk’s death.

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