Posted: November 18, 2008
Provisionals in OH-15 race will not be counted until Friday
Judge Marbley has requested both parties' briefs by Tuesday so he can rule Thursday afternoon on the processing of Franklin County's provisional ballots. Judge Marbley kept the case in federal court this morning because it involves the interpretation of a pre-election order from the court on provisional ballots and because of equal protection concerns. Franklin County uses a different provisional ballot envelope than Madison and Union counties which may place the burden of properly completing the form on the voter rather than the poll worker. Supporters of candidate Steve Stivers are suing to stop the counting of about 1000 provisional ballots because they lack either a printed name or signature or voter ID information on the provisional ballot envelope. Plaintiffs allege that these data are required by Ohio law for a provisional ballot to be counted. Secretary Brunner's position is that the onus was on the county's poll workers to make sure the ballot envelopes were completed correctly and that poll worker error must not work to invalidate an otherwise eligible voter's ballot.