Judge Demands New Order On Provisional Ballots

Federal judge Algenon Marbley says Secretary of State Jon Husted's near-Election Day directive violated a previous court ruling and state law.(Photo: Flickr)
Federal judge Algenon Marbley says Secretary of State Jon Husted's near-Election Day directive violated a previous court ruling and state law.(Photo: Flickr)

A federal judge has ordered the state’s election chief not to reject certain provisional ballots and come up with a new directive regarding the ballots.

Federal judge Algenon Marbley issued the order late Tuesday. He said Secretary of State Jon Husted’s near-Election Day directive violated a previous court ruling and state law.

Provisional ballots include those cast when voters don’t bring proper ID to the polls or cast them in the wrong precinct.

Voter advocates had claimed Husted’s wrongly shifted the burden of recording the form of ID used on a provisional ballot from poll workers to voters. They said putting the requirement on voters increases the likelihood that ballots could be wrongly rejected.

Marbley is requesting Husted issue a new directive by Friday.

Husted is appealing the decision.

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