The landowners, whose property is adjacent to Washington Regional Airport, voted on whether to incorporate their property as Three Creeks Village. The vote was conducted by absentee ballot. "We've asked for this special election day and now we have it," said Warrenton attorney Tim Joyce, who represents the group. "We already know how the vote is going to turn out, because none of the landowners oppose this move." Warren County commissioners said they set a special election date because they felt it would help "avoid confusion" for other voters during the Nov. 4 general election. According to Daly, the eight landowners casted heir entire general election ballot on Wednesday, not just the vote for the incorporation issue. "This is a consideration for them (landowners)," said Presiding Commissioner Arden Engelage. "We support what they are doing, which is reflected in our decision to allow this special election." According to Missouri law, registered voters may cast an absentee ballot for a variety of defined reasons, including "absence on election day from the jurisdiction of the election authority in which such voter is registered to vote." Asked why the eight landowners are being allowed to vote absentee when they may not actually be absent, Engelage said "in our opinion, we feel this is a legal, justified move." Some of the property in the proposed village is owned by people who live in Franklin County, but only the Warren County landowners will vote on the issue. The results of the election will not be counted and certified until after Tuesday, Nov. 4, the date of the general election. The landowners originally petitioned the Warren County commissioners on Aug. 21 to put the incorporation issue on the Nov. 4 ballot. The commissioners approved the request on that date, then reversed their decision on Aug. 26 after conferring with county attorney Jay Levitch of the Stolar Partnership in St. Louis. The commissioners now contend, however, that because their reversal decision on Aug. 26 was not on the posted agenda for that day, it was not a legal, binding decision. "It was as if it never took place," said Engelage. "It wasn't legal to vote. If it's not on the agenda, you can't do it." After the rejection vote, Joyce threatened to sue the county to get the issue placed on the ballot. "Our decision to finally allow it (election) had nothing to do with that lawsuit threat," said Engelage. "We've been threatened with lawsuits before over other decisions we've made." On Sept. 25, the commissioners voted a third time and unanimously approved a motion to allow the incorporation election to proceed. "We had received additional new information which, in our opinion, made us better informed to make a binding decision," Engelage observed. Joyce said the original petition, presented on Aug. 21, was filed under RSMo sec. 72.080 which allows areas of less than 100 residents to form a village. The statute became a lightning rod in the Missouri legislature last session and was eventually repealed after a number of legislators, including State Sen. John Griesheimer, who represents Warren county, staged a fillibuster. The measure made it easier for landowners to incorporate their properties as villages thus avoiding county planning and zoning regulations. The repeal of the law did not go into effect until Aug. 28. Griesheimer, who sponsored the omnibus bill that contained the village law, later apologized for the village law change after reports surfaced that House Speaker Rod Jetton quietly inserted it into the law to help a campaign supporter. "We filed under both the old and the new 72.080," Joyce explained. "We filed under both statutes because of the uncertainty of the way the new statute would be worded. We wanted to be covered under any situation." "We've got a valid petition which was filed before the required deadline," said Engelage. "So based on that fact, we're going to allow this election to proceed." Daly confirmed that she had officially certified and notarized the petition on Aug. 21, the date it was filed. The landowners said they are asking for permission to incorporate the acreage to ensure it will remain farmland. One landowner said another consideration was to prevent future annexation by the City of Washington. Joyce said he is aware the validity of the election could be subject to future review and might be challenged by officials in Franklin County. "Right now, the only thing my group is concerned with is voting on this issue," said Joyce. "I guess we'll see if there's going to be any further action after that. "From my perspective, we are proceeding with a valid election which has been authorized by our county commissioners," Joyce added. Griesheiemer said he isn't going to question the motives of the property owners for using the controversial village law in this instance. "The bottom line is that you've got the county and property owners together. In the past with the village law everyone has been at odds. In this case they are in harmony singing the same song. If that's the case and they want to do this then more power to them. Why should I, as an elected offical, question their motives," Griesheimer said Tuesday.