ORLANDO, Fla. -- Orlando voters will choose a temporary replacement for suspended Mayor Buddy Dyer on May 3, while he fights a charge that he violated state elections law.

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The City Council voted 4-2 on Monday to hold the special election.

If Dyer is acquitted, he could return to the office -- but at least one attorney said he planned to file a court challenge to the election's validity.

Steven Mason, who represents the Orange County Democratic Party, disputed an interpretation of the city charter and state law that said a special election was required.

The interpretation was offered by City Attorney Dykes Everett after Dyer, Circuit Judge Alan Apte, Dyer campaign manager Patty Sharp and campaign consultant Ezzie Thomas each were indicted earlier this month on a charge of breaking a state law that prohibits payment for collecting absentee ballots.

"We've found ourselves in extraordinary times in the city of Orlando," Everett said Monday.

Mason said he believes that Ernest Page, a city commissioner who became mayor after Dyer was suspended by Gov. Jeb Bush, should remain in the mayor's office until Dyer's fate is decided.

Last week, runner-up Ken Mulvaney asked a judge to throw out more than 4,000 absentee ballots cast in the 2004 mayoral election and to order a runoff election. A complaint filed with law enforcement last year by Mulvaney's campaign led to an investigation that resulted in the criminal charges against Dyer and the others.

Mulvaney's attorney has said that he would challenge a special election if the judge orders a runoff election.

City commissioner Patty Sheehan voted against holding the special election because there hadn't been a public hearing on the matter.

"I think that is an incredibly sad day for us," Sheehan said.

Candidates for the special election would have to qualify with the city by March 31. Two new people joined that list Monday, Orlando Weekly writer Billy Manes and Orange County Kids Club chairman Guy Metzger.

Six others have already expressed interest in running. They are former mayor Bill Frederick and previous candidates Tico Perez, Bill Sublette, Sam Ings, Alex Lamour and Sharon Lichering.

The only two who have filed are Manes and Frederick.