(KFYI News) – A Peoria City Council candidate whose name was left off early ballots not once, but twice, is not satisfied with the city council's solution to resolve the issue.

Dr. Ken Krieger's name was inadvertently left off the early ballots mailed out by the County Recorder's office last week.  Once the error was discovered, the County Recorder's office worked through the weekend to get a replacement ballot printed and mailed to voters in the affected district of Peoria.  However, an error by the printing company resulted in the original ballot being re-printed and re-mailed.

On Thursday, the Peoria City Council held an emergency meeting to deal with the problem and voted 3-2 to implement a two-pronged solution: to mail a third round of ballots to all registered voters in the Mesquite district with ONLY the city council race listed, and also to allow residents of that district who choose not to mail their ballots to cast them instead at any of three satellite voting locations to be established around the district.

However, the city attorney also told council members that any early ballots already voted will be honored, even though those early ballots were missing the name of one of the candidates.

Krieger says the city council's solution won't work.  His attorney, Kory Langhofer, told reporters Thursday morning that he had just filed a lawsuit in federal court asking a judge to order the primary for that city council seat be delayed until November.

To do otherwise, Langhofer said, would violate both federal and state election laws.  Federal law allows a certain number of days for US military members overseas to receive, fill out, and return absentee ballots.  State law requires a certain minimum number of days for in-state voters to receive, fill out, and return their early ballots. 

The deadline for both of those has already passed, Langhofer says, all but necessitating a delay in the election.  However, since the election is already underway – some early ballots have already been voted – Peoria can't unilaterally stop the election and re-schedule it without a court order.