Breaking News: Federal Court Orders Ohio to Accept Provisional Ballots Cast in the Wrong Precinct Because of Poll Worker Error

I have posted the order and opinion here.

This is an exceedingly important issue—and very important to get clarification well before election day.  The state Supreme Court ordered wrong precinct votes (because of poll worker error) to be counted under state law, but the federal courts are saying that doing so would violate the Equal Protection Clause of the U.S. Constitution (relying, with irony/poetic justice/pick your adjective , Bush v Gore).

I expect there will be an appeal.  It may well be that the Sixth Circuit will be bound by the legal determinations on this question (and the meaning of Bush v. Gore) from the Hunter litigation. And what that means is….

we could well see an en banc Sixth Circuit review of this question, and potentially even Supreme Court review before election day.

This is one to watch.  SIEU v. Husted.

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