Congressional Race Hangs With High Court

UPDATED: Sunday December 7, 2008 11:15 AM

Provisional ballots in the congressional race between Mary Jo Kilroy and Steve Stivers are being challenged in the Ohio Supreme Court, 10TV's John Fortney reported Thursday.

A lawsuit was filed late Thursday afternoon in the Supreme Court, asking that a new directive from Secretary of State Jennifer Brunner be overturned.

The suit alleges that Brunner allowed a request by the Kilroy campaign to validate provisional ballots that did not contain the printed name of the voter as long as they were signed and could be proven to be registered voters.

The plaintiffs believe state law requires a provisional ballot to have both the printed name and signature of the voter, Fortney reported.

Brunner's office told 10TV News that its lawyers were reviewing the suit.

About 10 percent of Franklin County's provisional provisional ballots would be thrown out if Brunner's directive is overturned.

Stivers leads the 15th Congressional district race by about 400 votes.

Stay with 10TV News and for continuing coverage.

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