Yahoo! News - Ohio Provisional Ballot Ruling Reversed

Sat Oct 23, 7:59 PM ET

CINCINNATI - A federal appeals court on Saturday reversed a lower court's ruling that Ohio voters could cast provisional ballots on Election Day anywhere in the county in which they are registered.

The 6th U.S. Circuit Court of Appeals (news - web sites) ruled that a provisional ballot cast outside a voter's home precinct isn't valid, agreeing with Ohio Secretary of State Kenneth Blackwell. Federal law allows people to get provisional ballots if they are in the right jurisdiction. Blackwell, a Republican, defines that as a precinct, while Democrats say it's the voter's county.

The state's Democrats had filed a lawsuit challenging Blackwell's directive instructing county elections boards not to give ballots to voters who come to the wrong precinct and to send them to the correct polling place on Election Day.

U.S. District Judge James Carr on Oct. 14 blocked the directive, ruling that Ohio voters who show up at the wrong polling place still can cast ballots as long as they are in the county where they are registered.

Blackwell appealed to the 6th Circuit.

---