Posted: January 27, 2011
Sixth Circuit Decides Ohio Provisional Ballot Case
The Sixth Circuit has ruled in the Hunter case from Hamilton County. It looks like a 2-1 split on how Equal Protection and Bush v. Gore apply to this case, with the majority finding an Equal Protection violation (p. 34), thereby affirming the district court on its Equal Protection reasoning, but vacating and remanding the district court's order to count additional ballots, so that there may be further factfinding proceedings related to the disputed ballots . The separate opinion would not have found an Equal Protection violation (p.42).