A man who lost an election to a dead man lost his final appeal to the state Supreme Court.

The court Monday refused to reconsider its decision to reject Josh Evans' challenge of the contest for a district judgeship in Texas County.District Judge Frank Ogden III died in August but supporters kept his name on the ballot, contending that Evans didn't have the temperament to be a judge. Evans, 74, maintained that he was suitable.

Ogden got 91 percent of the vote in the November election.

Now, the judgeship will be declared vacant and Gov. David Walters will choose a successor.