Posted: January 21, 2011
Oral argument in Ohio provisional ballot case
The Sixth Circuit has posted the audio of the argument in this case. Early in the argument, the court asked where in the Ohio S.Ct.'s opinion was it said that the 27 ballots cast at the Board's headquarters should not have been counted. Counsel did not have the exact passage at their fingertips and asserted that it was an inference from the opinion's more general language. But there is also this specific language at the top of page 22 of the Painter slip opinion: "the board ... conclud[ed] incorrectly under Ohio law ... that 27 provisional ballots cast in the wrong precinct at the board of elections during the early-voting period should be counted even though they were cast in the wrong precinct due to poll-worker error."