Appeals court stays ruling that reversed Michigan's provisional ballots policy

Associated Press  October 24, 2004, 3:21 PM

DETROIT (AP) A federal appeals court panel in Cincinnati on Sunday issued stay of lower court ruling that reversed Michigan's policy for counting provisional ballots, saying it will hear an appeal of the case quickly.

Michigan last week had appealed to the 6th U.S. Circuit Court of Appeals a federal court injunction that barred it from counting only provisional ballots cast by voters who appear in the correct precinct.

U.S. District Judge David Lawson ruled Tuesday that the Help America Vote Act says people must only show up in the right city, township or village regardless of whether they're in the proper precinct to have their votes for president and Congress counted. The lawsuit was brought by Michigan Democrats, voter-rights groups and the NAACP.

Provisional ballots are used when voters say they are properly registered but their names are not on the registration rolls. State elections officials have said voters who show up in the wrong polling places will be directed to the correct polling place, where they will be able to vote the entire ballot.