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COLUMBUS -- Ohio Secretary of State John Husted is asking the U.S. Supreme Court to decide if Ohio voters will be able to cast in-person ballots the weekend before Election Day.
He is appealing the ruling of a federal appeals court that allowed early voting the weekend before the Election Day.
His request will stir more emotion and controversy over the early voting issue.
The 6th Circuit Court of Appeals ruled Friday that election officials in each of Ohio's 88 counties could choose early voting hours.
Husted called that an "unprecedented intrusion" in the voting process.
He claimed the court's ruling could allow differerent hours in different counties.
One county could be open and a neighboring county could be closed.
"How any court could consider this a remedy for an equal protection problem is stunning," he said.
Four years ago, Democrats turned out thousands of voters on the last weekend before Election Day.
Republican lawmakers had passed laws that ended in-person weekend voters, except for military personnel.
The Obama for America campaign sued.
A District Court ruled in favor of weekend voting. The state appealed and the Appellate Court put the choice up to Election Boards.
Husted said he will discuss the issue with local elections officials and issue an order on in-person early voting for the final weekend if his appeal fails.