In court, Dudenhoeffer took the stand and recognized her responsibility for elections in Osage County including Linn.
She said she was made aware of an "irregularity" in the election after it concluded.
"There was an annexation I was unaware of in the voting lines," Dudenhoeffer said.
She said the annexation was mapped but the addresses of the annexation were never given to her office.
A news release from April 28 shared a similar story of how the error occurred.
"The error was an administrative one," the news release said. "Addresses for the affected voters should have been updated to be included within the city limits but were not."
After Dudenhoeffer left the stand, the county presented two options to the judge for a special election.
The first option was to do a completely new election, but this was not preferred by the county because of extra cost and potential for votes to change.
The second option presented was to only have the 40 affected voters participate in a special election. The judge decided the special election order will be only for the 40 affected ballots.
He is set to sign the order Thursday afternoon.
Flamm, who lost the election in April, said he respects the judge's decision and is happy all residents of Linn will have the opportunity to be heard.
"This issue has never been about one candidate," Flamm said. "It's about whether qualified citizens of Linn are allowed to participate in their own municipal election.
Flamm also said he's disappointed with some people who are more concerned with the outcome of the election than a fair electoral process.
"I believe every qualified voter deserves to be heard, regardless of who they support," Flamm said.
The Osage County clerk's office said it will cover the cost of the special election.
