On Saturday the 6th circuit (which contains Ohio, Michigan, Kentucky and Tennessee) ruled that the new federal law requiring provisional voting can be privately enforced. However, the panel also ruled that the federal law does not require provisional voting outside of the voter’s home precinct.

Provisional voting is required in federal elections throughout the U.S., because Congress included the idea in the “Help America Vote Act” of 2002. “Provisional voting” means a voter must be issued a ballot, even if he or she is not listed on the rolls. Provisional ballots are set aside and not counted on election night. They are counted days or weeks later, if elections officials determine the voter really was registered to vote. Sometimes clerical errors result in a voter not being listed in the precinct roster; provisional voting is a safeguard against a voter being disenfranchised due to such a clerical error.

The 6th circuit panel vote was 3-0. It consisted of two Republican appointees (Danny Boggs and Herman Weber) and one Clinton appointee (Ronald Gilman).

John Ashcroft’s Justice Department had intervened in the case, claiming that private individuals are not permitted to sue to enforce the Act. The Justice Department said only federal and state officials can enforce the act. The 6th circuit disagreed, and that may be the most significant result of Saturday’s ruling. Neither side plans a quick appeal to the U.S. Supreme Court, although this case, or one of the parallel cases now pending in other states might eventually be heard in that Court.