Appeals Court Shelves Ruling On Counting Provisional Ballots

File photo(Photo: Flickr)
File photo(Photo: Flickr)

Ohio Secretary of State Jon Husted has been dealt a victory by a federal appeals court.

The 6th Circuit Court of Appeals in Cincinnati on Wednesday sided with Husted in ruling that a lower court over-reached when it ruled provisional ballots cast at the wrong precinct and those cast in the wrong location all together should be counted.

The federal court said there’s a sharp difference between “right-place/wrong-precinct” ballots, which are often attributable to poll workers directing voters to the wrong precinct, and “wrong-place/wrong-precinct”, which is often caused by voters showing up at the wrong location.

The court also wrote “The expanded injunction opens the door for steering last-second voters to convenient (though incorrect) polling places, in the hopes that some of the votes will count.

“This perverse incentive did not exist with right-place/wrong-precinct voters; voters who make the effort to arrive at the correct polling place would have no reason to miscast their vote at the wrong table or in the wrong line.”

It was not immediately clear if the voters’ rights groups that filed the original appeal would file another appeal.

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