Posted: January 12, 2011
Ohio Provisional Ballots Case Back in Federal Hands
United States District Court Judge Susan J. Dlott today ordered that some of the provisional ballots cast in wrong precincts due to poll worker error should be counted, an order which conflicts with last week’s Ohio Supreme Court ruling and directives from Ohio's new Secretary of State Jon Husted. Judge Dlott wrote: “To treat these groups of provisional ballots differently when they are the same for the purposes of being improperly cast due to poll worker error violates voters’ right to equal protection under the law. Because the Board has already counted certain provisional ballots cast in the wrong precinct due to poll worker error, the remaining ballots that fall in the same category must be counted.” EL@M expects that this case may eventually reach the US Supreme Court. See our Major Pending Cases pages for the Ohio Supreme Court and Federal Court documents in this case.