Posted on 10/26/2004 4:00:13 PM PDT by Dan from Michigan
Appeals court reverses lower-court ruling on provisional ballots in Michigan
10/26/2004, 5:55 p.m. ET
By DAVID EGGERT
The Associated Press
LANSING, Mich. (AP) A federal appeals court ruled Tuesday that provisional ballots cast outside the precinct where a voter resides cannot be counted in Michigan.
The 6th U.S. Circuit Court of Appeals reversed a lower court ruling that said provisional ballots should be counted as long as they're cast in the right city, township or village.
Provisional ballots required in all states for the first time this year are used when voters say they are properly registered but their names are not on the registration rolls. The ballots are later counted if elections officials determine the voter is validly registered.
A three-judge panel said the Help America Vote Act, passed by Congress in 2002, "does not require the state to count as valid those ballots that are cast outside of the precinct in which the voter resides."
The Michigan case, the panel noted, is similar to an Ohio case in which the same panel ruled that provisional ballots cast by Ohio voters outside their own precincts should not be counted.
The Michigan Democratic Party, Bay County Democratic Party, the NAACP and voter-rights groups sued Republican Secretary of State Terri Lynn Land last month, arguing that federal election law says some provisional ballots cast in the wrong precinct should be counted. State officials had ordered that only provisional ballots cast in the correct precinct be counted.
A Bay City judge issued an injunction saying the ballots should be counted for federal races, including president, if the votes are cast in the wrong precinct but the right city, township or village.
On Sunday, a three-judge panel in the appeals court placed that order on hold.

That helps!
Woo Hoo!
Yeah baby!!!!!
Oh, those poor Socialist Democrats - what will they do - seems there are many places where "double" voting will not be allowed this year -
This is great in my opinion - now if Florida is watched closely -
It is still amazing that the courts must step in and tell the democrats they cannot vote any place they choose. There is a reason for voting precints and a reason for voting in your precint. The reason democrats want to do away with this requirement is that it increases the chance for voter fraud.
There can't be. Oh wait. I'm a PRECINCT delegate who was only on the ballot in one precinct during the primary.
If I were in the Democrats' shoes, I'd be yanking back all the goodies heaped on that BAy City judge who issued the ruling which would have allowed "lost or homeless" voters to cast ballots anywhere they want.
I mean, C'mon on!!
What good is it having a Democratic city judge hack on the payroll if they can't even get a ruling favorable to the Democrats passed during election time??
It's been a long time since we've heard any GOOD news out of Michigan.
It's about time.
That's racist!!! Conyers must be so unhappy that many of the brothers may not be able to cast multiple fake ballots.
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