FORT WAYNE, Ind. (WOWO): A legal battle over who gets the Allen County Council seat of the late Roy Buskirk could end up being decided by voters.

Democrat Palermo Galindo sued after the Allen County Council ruled that Republicans would be able to fill the seat of Buskirk, who died four days before the election, after he still ended up one of the top three vote-getters in November.

Republicans appointed Justin Busch to the seat. Galindo sued, claiming that he should’ve been the one to get the seat as the one receiving the next largest amount of votes, with his attorney arguing that votes for Buskirk shouldn’t have counted.

Republicans say they’re in the right as far as the law stands, but Judge Craig Bobay proposed holding a special election to make sure voters’ voices are heard, according to ABC21.

Such a decision may prove costly; it would cost around $300,000 to hold a county-wide special election, according to election director Beth Dlug.

Bobay said he’d try to make a decision on the seat within 30 days if the County doesn’t find a way to cover that cost.