ST. LOUIS (AP) — A judge has ordered a special election for a Missouri House seat because of problems with absentee ballots.

St. Louis Circuit Judge Rex Burlison on Friday set a Sept. 16 election date for a House seat out of St. Louis.

The election will pit incumbent Democratic state Rep. Penny Hubbard’s against political newcomer Bruce Franks. Hubbard defeated Franks in the Aug. 2 primary by 90 votes.

Franks sought to overturn the election because he won most of the votes cast on election day but Hubbard received 78 percent of absentee votes.

The St. Louis Post-Dispatch reports Burlison ruled Friday that election was invalid because the St. Louis Election Board accepted 142 absentee ballots without envelopes.

Hubbard’s attorney, Jane Dueker, says the decision will be appealed.