Kevin Killeen (@KMOXKilleen)

ST. LOUIS (KMOX)(UPDATED 3:45 p.m.) State Rep. Penny Hubbard won’t ask the Missouri Supreme Court to stop Friday’s planned do-over election of her August primary race.

Earlier today, the Missouri Court of Appeals upheld a lower court ruling that found the Aug. 2 contest was invalid because of mistakes made with absentee ballots.

The Appeals Court sided with Hubbard’s challenger, Bruce Franks Jr., finding that 246 absentee ballots should have been rejected in an election Hubbard won by just 90 votes.

Attorney Dave Roland with candidate Bruce Franks Jr.

Attorney Dave Roland with candidate Bruce Franks Jr.

“The court today affirmed that you cannot trust the validity of an election that has that level of what it termed ‘legal fraud,'” said Frank’s attorney Dave Roland.

Hubbard’s attorney Jane Dueker calls the decision “disheartening.”

“Now, absentee voters are in an impossible position,” Dueker says. “There’s nothing they can do to make sure their votes can count.”

Dueker says Hubbard is concentrating on getting the vote out for Friday’s special election.

(TM and Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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