We have new updates on this ongoing election dispute. Yesterday, a three-judge panel from the 6th U.S. Circuit Court of Appeals ruled that the provisional ballots should be counted in the Hamilton County Juvenile Court Judge race between Tracie Hunter and John Williams.
This decision means that the Hamilton County board of elections can not declare candidate John Williams the winner of the race.
The appeals court also concluded that the sixth district court “did not abuse its discretion” in ordering the board to find out if the rejection of provisional ballots and including improperly casted provisional ballots were caused by poll worker error in the recount. The appeals court judges said the board “treated one set of provisional ballots differently from others, and the unequal treatment violates the Equal Protection Clause” of the U.S. Constitution.
The next step in the case will be for Judge Dlott to determine whether there was enough evidence of poll worker error to count some disputed ballots.