On February 10, the Hamilton County, Ohio, Board of Elections ask the 6th circuit to rehear Hunter v Hamilton County Board of Elections, 11-3060. This is the lawsuit over a local partisan judicial race from November 2010, in which all the votes still haven’t been counted. The race is very close and the uncounted provisional ballots will determine the winner. The original 3-judge panel of the 6th circuit had ruled 2-1 in favor of counting provisional ballots, in which the voters were not at fault. Several precincts were voting in the same building. Precinct polling place officials directed some voters to the wrong end of the room, so those voters inadvertently voted in the wrong precinct. Yet Hamilton County had let certain other provisional ballots count. The majority of the 6th circuit, and also the U.S. District Court, had ruled that Hamilton County was not treating all voters equally, under Bush v Gore. But the State Supreme Court of Ohio had already ruled that provisional ballots of this type cannot be counted. Here is the board’s request for a rehearing. Thanks to Moritzlaw for the link.