Even after vanishing five months ago, Petros Krommidas remains a candidate for a seat on the Nassau County Legislature on Long Island, New York.

The 29-year-old’s name will stay on the ballot following a court ruling that sided with Republican voters, who argued that it would be preferable to face a missing opponent, possibly deceased, rather than a replacement candidate.

Krommidas went missing last May after going for a night swim in the Atlantic Ocean and never returning. His phone, keys, clothes and car were later found on Long Beach. An experienced rower and triathlete in training, he was no stranger to the ocean.

When the Democratic Party attempted to replace him, Republicans took the matter to court, successfully arguing that since Krommidas is officially classified as missing, not deceased, his name could not be removed from the ballot.

Under New York State law, a person cannot be legally declared dead until three years after disappearing, a clause the Republicans invoked.

In his ruling, the judge cited a precedent from decades earlier in Alaska, noting that a “missing person” status does not automatically create a vacancy that can be filled.

As a result, voters on election day will have two choices: to support the incumbent Republican candidate, or to vote for the missing Democrat who vanished into the ocean.

Local Democrats claim the lawsuit was a strategic manoeuvre aimed at securing an easy Republican victory and extending their majority in the county legislature. They also argue the case has prolonged the suffering of Krommidas’ family.

Speaking to the Associated Press, Democratic Party member James Hodge urged voters to support Krommidas’ candidacy, saying that if he wins, a special election would then be held — one in which Hodge hopes to run as the Democratic nominee.