Ohio To Appeal Court Ruling On Provisional Ballots

Ohio's top elections official is appealing a federal ruling that expands the conditions under which provisional ballots are counted in the presidential swing state. U.S. District Judge Algenon Marbley ruled this week that provisional ballots cast not just in the wrong precinct but in the wrong polling location altogether must still be counted. A lawyer for a union that sued the state over the issue said as many as 8,000 voters cast such ballots in 2008. Secretary of State Jon Husted filed his notice of appeal Friday. The state had opposed the expansion, saying it could create Election Day chaos because of new training requirements for poll workers. Marbley on Wednesday said he based his decision on the rationale that such problems arise because of mistakes by poll workers.