Published Tue, Oct 30, 2012 5:23 pm Dateline
Ohio's top elections official wants a court to suspend a federal ruling expanding the conditions under which provisional ballots are counted in the battleground state.
U.S. District Judge Algenon Marbley ruled last week that provisional ballots cast in the wrong precinct and in the wrong polling location altogether must still be counted in Ohio.
Secretary of State Jon Husted is appealing the decision to the 6th U.S. Court of Appeals in Cincinnati. His attorneys urgently asked the court on Friday for a stay on the order, pending its appeal. They argued the suspension was needed so the election could proceed without the harm and confusion caused by last-minute litigation.
Marbley said he based his decision on the rationale that such problems arise because of mistakes by poll workers