An Allen County judge today ruled against Democrat Palermo Galindo of Fort Wayne, in his challenge of November's Allen County Council election.
Galindo filed suit saying that Republican candidate Roy Buskirk, who died four days before the Nov. 8 balloting, was improperly left on the ballot.
Galindo maintained that he should have won the seat because he received the fourth-highest vote total in a six-candidate race for three seats.
Special Judge Craig J. Bobay ruled, however, that election officials did not err in leaving Buskirk's name on the ballot and declaring him the winner of the election.
The ruling acknowledges the nonexistent, vague and sometimes contradictory nature of laws pertaining to the situation, but concludes the intent of voters must be seen as primary.
"Given the large margin of victory for the three top vote earners over the bottom three in this race of six candidates, it is clear that the intent of the Allen County voters was not to elect Galindo to the office," the judge concluded.