COLUMBUS, Ohio (AP) — Ohio's election chief said Tuesday he will appeal a ruling by a federal court that reinstates the final three early voting days in the battleground state.
Secretary of State Jon Husted is asking the U.S. Supreme Court to decide whether the state Legislature or federal courts should set Ohio election laws.
Husted called Friday's decision by the 6th U.S. Circuit Court of Appeals "an unprecedented intrusion" into how states run elections. The court returned discretion to set hours on the final three days to local boards of elections.
"As a swing state, we in Ohio expect to be held to a high standard and level of scrutiny when it comes to elections," Husted, a Republican, said in a statement. "However, it's troubling that the federal courts have failed to recognize that there isn't another state in the union which can claim Ohio's broad menu of voting options and opportunity to vote."
President Barack Obama's campaign and Democrats had sued Husted and Ohio's attorney general over part of a law cutting off early voting for most residents on the Friday evening before a Tuesday election. The law makes an exception for military personnel and Ohio voters living overseas.
Husted's challenge came on a day when Obama was campaigning in the state, timing a rally at the Ohio State University campus to the final day of voter registration in the state.
The 6th Circuit decision affirmed a lower court ruling from August. U.S. District Judge Peter Economus said he expected Husted to direct all county elections boards to maintain a specific, consistent schedule on the three final days before Election Day.
Democrats had argued everyone should have the chance to vote on those three days before the election. They said a series of changes by state lawmakers had arbitrarily eliminated the opportunity for most Ohio residents to vote in person on those days, while giving military or overseas voters the chance to do so.
Attorneys for the state said many laws already grant military personnel special voting accommodations, such as requirements for states to send absentee ballots to them 45 days before the election. And they contend local boards also need those three days to prepare for the election.
But Economus said the voters' right to cast ballots in person on those days outweighs the state's reasons for limiting that opportunity.
The judge issued a preliminary injunction on Aug. 31, concluding that the state's law was unconstitutional in changing the in-person early voting deadline and that the state was wrongly valuing certain votes above others.
Before the changes to the law, local boards of elections previously set early voting hours on those three final days. And weekday hours and weekend voting varied among the state's counties.
Democrats estimated in their lawsuit that 93,000 people voted during the final three-day window before the 2008 election.
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This Week’s Celebrity Instagrams (6/18-6/24)
25 photos Launch gallery
1. Me & the homie @jaleelwhite #RujohnFoundation Happy to be in Jamaica! Good times
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5. Good Morning. Early day in Detroit! Making press rounds for @thebossnetwork's Ladies That Lead Tour. Thank you @traycemadre and @colourbynumbr for my glam.
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6. POWER the best show on TV @djenvy, Queens we so big out here. #EFFENVODKA #FRIGO
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7. They said u lost a step, wasn't explosive as once was, the best days was in the real view, questioned your drive, your leadership, your commitment, you don't have killer instinct, going back home is the worst mistake in your career, he got the coach fired, players traded, won't work between him and Kyrie, Him and Kev won't work, love your teammates to much, there's no way he can deliver a championship in his hometown, etc etc etc.... But guess what THATS NONE OF MY BUSINESS #StriveForGreatness #ThisOneIsForTheLand #PutSomeRespeckOnMyName Hahahaha!!! Yes sir
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8. Oooooh weeee this man right here is responsible for at least three of our four babies!! #JOE ❤❤❤🎤 #rnb #king #voicelikebutter #ForPeetesSake
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9. Hanging with my @abcnetwork family! @abcunclebuck tonite y'all check us out ! @anthonyanderson @traceeellisross
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10. My broski ( @sayeedshahidi ) and I are on Top 5 Live on @go90 at 5 (which is super duper close)! Make sure to tune in :) #UncleBuck #Blackish
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11. Lights out💤 #GoodNight
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12. Late nights mornings
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13. Ran into the lovely talented @siedahgarrett on this brutiful favvuz deh!
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14. #halal #love #thedargans #kattwilliamsSHOW #mashallah when that Jennah piece HIT!! @sweetjennahcollection glasses by @baddieglamaccessories LIZ 😍 @dynamiteko top @dazzledmv and jeans @thevision414 and shoes: @louboutinworld
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15. Big Hair and Optical Illusions #OceanDrive #MiamiLiving #coverparty
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16. MAMA and THE SAVAGES ... ⚓️ #supportyourlocalgirlgang
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17. From the bottom of my ❤️, thank you new followers & old! & hello fellow night owls! #grateful #racheltrue #naturalhair #curlyhair #curlygirl #healthyhair
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18. I feel so grateful because I met these amazing young minds, visiting from Houston TX, during their college tour stop today at #usc.These students are ALL extraordinary and embody academic excellence so I'm humbled to have shared a few moments with them to applaud and celebrate their bright futures ahead! Thank you @EmergeFellows for inviting me to speak and blessing me with your love and attention this afternoon!
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19. Happy Fathers Day Pops. U taught me how to be a man. Lessons of love, hard work & gratefulness. Sorry the fishing didn't stick. LOL. I Love U!
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20. Sky Zone and Ice Cream! Best Fathers Day Ever!! Photo credit @mariahcarey
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21. Look what finally came in the mail 😎 #mtvmovieawards2016 💥+🌽! #straightouttacompton
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22. Claudia Jordan: ....
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23. 'Member that time I almost knocked a bajillion dollar camera off the car? Really? Yeah, me neither! #Greenleaf Episode 2 comin atcha!
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24. Full of love. #birthday #Cabo
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25. Oh hey! Look who just joined Snapchat
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