A lawsuit filed by a longtime Peoria City Councilman has been dismissed.

Ron Aames has represented the city's Palo Verde District since 2007. He had 1,852 votes in the August 26 primary compared to 1,803 for challenger Michael Finn.

That will put Aames in a November runoff.

Aames said the city attorney told him voters who didn't select a candidate in the municipal race are counted in the total.

Aames said that means non-voters overrode the rights of those who did vote. He asked the court to declare him elected to the Palo Verde District.

But a Maricopa County Superior Court judge found that a council candidate needed at least 2,049 votes to receive the majority.