SHARECOMMENTMORE

COLUMBUS -- An appeals court has substantially upheld a federal judge's order that called for more Ohio provisional ballots to be counted in the upcoming presidential election.

The 6th U.S. Circuit Court of Appeals ruled Thursday in an ongoing lawsuit that included an appeal by Republican Secretary of State Jon Husted.

The court affirmed most of U.S. District Judge Algenon Marbley's August order directing Husted to count two types of flawed provisional ballots.

It agreed that ballots cast in the right polling location but the wrong precinct should all be counted, even if poll worker error was a factor. Husted had issued a directive complying with that requirement.

The court sent the issue of provisional ballots missing the required printed name and signature back to Marbley for further review.

JULIE CARR SMYTH
Associated Press