(KFYI News) – A federal judge late Friday issued a temporary restraining order canceling the election for a Peoria city council seat and ordering a special election at a later date.

One candidate, Dr. Ken Krieger, had his name inadvertently left off the early ballots mailed to voters.  When he brought the omission to the attention of the county recorder's office, which sent out the ballots, a reprint was ordered.  However, due to a printer's error, the original ballot was mailed out again.

The city council then authorized a third printing of the ballot for the Mesquite district seat, but decided that any voters who returned either of the first two ballots and didn't return the third ballot would have their votes counted anyway.

Krieger sued, arguing that the decision made a mockery of the election process and deprived him – and voters – of their constitutional rights.

Attorneys representing Krieger and the city of Peoria both argued the case before a federal judge on Friday morning.  Late in the day, the judge issued a ruling granting Krieger's request for a temporary restraining order canceling the election and told both sides to work together to schedule a special election for the seat so that all voters will have the chance to choose between all three candidates.