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SERVICE EMPLOYEES INTERN. UNION LOCAL 1 v. HUSTED

No. 12-4264.

698 F.3d 341 (2012)

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1, et al., Plaintiffs-Appellees, v. Jon HUSTED, Defendant-Appellant, State of Ohio, Intervenor Defendant-Appellant, Timothy M. Burke, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

October 31, 2012.

Attorney(s) appearing for the Case

Stephen P. Berzon , Barbara Jane Chisholm , Danielle E. Leonard , Stacey Monica Leyton , Altshuler Berzon , San Francisco, CA, Cathrine J. Harshman , Michael J. Hunter , Hunter, Carnahan, Shoub & Byard, Columbus, OH, for Plaintiffs-Appellees.

Erin Elizabeth Butcher-Lyden , Aaron David Epstein , Peter K. Glenn-Applegate , Office of the Ohio Attorney General, Columbus, OH, for Defendant-Appellant.

Stephen P. Carney , Richard N. Coglianese , Assistant Attorney General, Michael Jason Hendershot , Office of the Ohio Attorney General, Columbus, OH, for Intervenor Defendant-Appellant.

Before: GIBBONS and COOK, Circuit Judges; ROSENTHAL, District Judge.

OPINION

PER CURIAM.

The State of Ohio and Jon Husted, Ohio's Secretary of State ("Secretary"), move for a stay pending appeal of the district court's October 26, 2012 order granting the plaintiffs' renewed motion for a preliminary injunction. The order requires Ohio and the Secretary to count provisional ballots cast in the wrong polling place due to poll-worker error — so-called wrong-place/wrong-precinct ballots — in the November 6, 2012...

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