Posted: August 27, 2012
Opinion Issued in SEIU Provisional Ballot Case
U.S. District Court Judge Algenon L. Marbley of the Southern District of Ohio issued an opinion and order today granting the motion for a preliminary injunction filed by various labor organizations in SEIU v. Husted. Judge Marbley ordered defendant Ohio Secretary of State Jon Husted to issue a directive preventing county boards of elections from rejecting provisional ballots cast in the wrong precinct due to poll worker error. The order contains an exception for situations in which the poll worker determines the correct precinct, directs the voter to that precinct, informs the voter that a wrong-precinct ballot will not be counted, and the voter nevertheless casts a wrong-precinct ballot. Further, the county board of elections must verify that the poll worker directed the voter to the correct precinct.