St. Louis, MO  (KTRS)  The special election for Missouri’s 78th District race will go on as planned for Friday.

On Tuesday, the Missouri Court of Appeals upheld a lower court’s decision to allow a special election. A hearing was held on Monday in which incumbent Penny Hubbard challenged the ruling.

Bruce Franks lost the August Democratic Primary by 90 votes. Franks then filed a lawsuit, alleging voting irregularities with absentee ballots.