Husted slapped on provisional ballot action

Andrew Cohen, CBS, via Twitter:

Breaking: Federal judge in Ohio rules against Sec. of State Husted on provisional ballot fight. Calls Husted conduct "an illegal act."

Here is link to Judge Marbley's order today halting Ohio Sec. of State Husted from changing provisional ballot rules.
http://t.co/...

Federal judge Marbley rules that Ohio's Husted violated state law and consent decree on provisional ballots, not yet counted there.

Unless overturned, Judge Marbley's ruling will mean that many more provisional ballots cast in Ohio WILL be counted in state's tally.

Judge Marbley: Husted engaged in no fact-finding to determine that change in ballot interpretation would increase integrity of voting system

Judge Marbley: "The voter acting in good faith cannot suffer disenfranchisement as a result of the Secretary’s drafting errors."

3:32 PM PT: more tweets from Cohen:

Will be interesting to see if Husted appeals today's order to 6th Circuit. There is time. Provisional ballots in Ohio not counted until 17th

But, no, there is little chance (at least now) that Husted will face contempt charges based upon this record.

4:00 PM PT:

@cbsandrew FYI: Husted's office tells me he will appeal: buzzfeed.com/chrisgeidner/f…

— Chris Geidner (@chrisgeidner) November 13, 2012