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SANDUSKY CO. DEMOCRATIC PARTY v. BLACKWELL

No. 04-4265, 04-4266.

387 F.3d 565 (2004)

SANDUSKY COUNTY DEMOCRATIC PARTY; The Ohio Democratic Party; Farm Labor Organizing Committee; North Central Ohio Building and Construction Trades Council; and Local 245 International Brotherhood of Electrical Workers, Plaintiffs-Appellees, v. J. Kenneth BLACKWELL, Defendant-Appellant (04-4265), Gregory L. Arnold; Glenn A. Wolfe; and Thomas W. Noe, Intervenors-Appellants (04-4266).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2004.

Attorney(s) appearing for the Case

ON BRIEF: Richard G. Lillie, Gretchen A. Holderman, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, Truman A. Greenwood, Theodore M. Rowen, James P. Silk, Jr., Spengler Nathanson, Toledo, Ohio, William M. Todd, Squire, Sanders & Dempsey, Columbus, Ohio, Pierre H. Bergeron, Squire, Sanders & Dempsey, Cincinnati, Ohio, for Appellants. Fritz Byers, Toledo, Ohio, Samuel Bagenstos, St. Louis, Missouri, for Appellees. David K. Flynn, Christopher C. Wang, Department of Justice, Civil Rights Division, Washington, D.C., William N. Nettles, Columbia, South Carolina, Kurtis A. Tunnell, Anne Marie Sferra, Maria Armstrong, Bricker & Eckler, Columbus, Ohio, John L. Ryder, Harris, Shelton, Dunlap, Cobb & Ryder, Memphis, Tennessee, Kathleen A. Behan, Jennifer A. Karmonick, Arnold & Porter, Washington, D.C., Johanna R. Pirko, Los Angeles, California, Raymond W. Lembke, Cincinnati, Ohio, for Amici Curiae.

Before: BOGGS, Chief Judge; GILMAN, Circuit Judge; and WEBER, District Judge.

PER CURIAM.

At bottom, this is a case of statutory interpretation. Does the Help America Vote Act require that all states count votes (at least for most federal elections) cast by provisional ballot as legal votes, even if cast in a precinct in which the voter does not reside, so long as they are cast within a "jurisdiction" that may be as large as a city or county of millions of citizens? We hold that neither the statutory...

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