Tracie Hunter, candidate for Hamilton County Juvenile Court, has sued the Hamilton County Board of Elections for equal protection and due process violations.  Tracie Hunter was 2,800 votes behind her opponent after the unofficial results on Election night.  After provisional ballots were counted, she closed the gap to just 23 votes.  Ms. Hunter filed this case in U.S. District court seeking an injunction ordering the Board of Elections to treat all provisional ballots the same.  The Board has counted some faulty provisional ballots if the fault was due to poll worker error.  Ms. Hunter sought an order requiring that no provisional ballots be rejected because of poll worker error.  U.S. District Judge Susan J. Dlott granted Ms. Hunter’s Motion for a Preliminary Injunction and ordered the Board of Elections to investigate provisional ballots that were cast in the right voting location but at the wrong precinct, and if poll worker error is found, to count the ballots.  There are 289 ballots that were cast in the right location but in the wrong precinct.  The Sixth Circuit Affirmed the injunction.  Tracie Hunter’s opponent appealed the Injunction.  On February 8, 2012, Judge Susan Dlott ordered the Hamilton County Board of Elections to count all of the provisional ballots that were cast in the right location but wrong precinct as part of its vote tally in the November 2010 Juvenile Court election.  To see pleadings in the case, click here.

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