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Campaigns Ramp Up for Ohio Legal Fight

State's use of provisional ballots portends court battles

By Jason Farago,  Newser Staff

Posted Oct 31, 2008 6:33 AM CDT

(Newser) – Four years ago Ohio delivered the presidency to George W Bush over John Kerry, and in 2008 the Buckeye State may again prove decisive. Both camps have legal teams to contest the results of the Ohio vote, which could be compromised by a host of snags: faulty electronic machines, irregularities on the rolls, and above all provisional ballots, which Ohio has used more than almost any other state in recent elections.

As the New York Times reports, Ohio uses provisional ballots in cases ranging from a late arrival to a misspelled name. They aren't counted until after Tuesday night, and disqualifying them is child's play for an election lawyer. This year, high voter registration will probably mean more provisional ballots than ever—and, said one Ohio election law expert, "The larger the number of provisional ballots cast in a state, the more vulnerable the Achilles’ heel."

Voters wait at the polls at the Cuyahoga County Board of Elections in Cleveland, Ohio on Thursday, Oct. 30, 2008, as they lined up for early voting.
Voters wait at the polls at the Cuyahoga County Board of Elections in Cleveland, Ohio on Thursday, Oct. 30, 2008, as they lined up for early voting.   (AP Photo/Amy Sancetta)
Kathy Cunningham takes part in a march to encourage early voting down Broad Street in Columbus, Ohio on Tuesday, September 30, 2008.
Kathy Cunningham takes part in a march to encourage early voting down Broad Street in Columbus, Ohio on Tuesday, September 30, 2008.   (AP Photo/David Smith)
Poll worker Tony Dedeschi helps voter Richard Adams with his absentee ballot at the Franklin County Veterans Memorial polling place in Columbus, Ohio on Tuesday, September 30, 2008.
Poll worker Tony Dedeschi helps voter Richard Adams with his absentee ballot at the Franklin County Veterans Memorial polling place in Columbus, Ohio on Tuesday, September 30, 2008.   (AP Photo/David Smith)
Voter Tim Murray fills out his absentee ballot at the Franklin County Veterans Memorial polling place in Columbus, Ohio on Tuesday, Sept. 30, 2008.
Voter Tim Murray fills out his absentee ballot at the Franklin County Veterans Memorial polling place in Columbus, Ohio on Tuesday, Sept. 30, 2008.   (AP Photo/David Smith)
Voters fill the polling stations at the Cuyahoga County Board of Elections in Cleveland, Ohio on Thursday, Oct. 30, 2008, as they participated in early voting.
Voters fill the polling stations at the Cuyahoga County Board of Elections in Cleveland, Ohio on Thursday, Oct. 30, 2008, as they participated in early voting.   (AP Photo/Amy Sancetta)
Bernard Bowens of the Service Employees International Union holds a sign while taking part in a march down Broad Street in Columbus, Ohio. on Tuesday, Sept. 30, 2008.
Bernard Bowens of the Service Employees International Union holds a sign while taking part in a march down Broad Street in Columbus, Ohio. on Tuesday, Sept. 30, 2008.   (AP Photo/David Smith)
Ohio Secretary of State Jennifer Brunner, who is in charge of running the state's election, gestures at the Old Halle Building Warehouse in downtown Cleveland.
Ohio Secretary of State Jennifer Brunner, who is in charge of running the state's election, gestures at the Old Halle Building Warehouse in downtown Cleveland.   (AP Photo/Jason Miller, File)
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