On April 4, the Hamilton County, Ohio, Board of Elections voted to appeal the lawsuit over provisional votes to the U.S. Supreme Court. See this story. Thanks to Rick Hasen’s ElectionLawBlog for the link. As Rick says, if the U.S. Supreme Court accepts this case, it may mean that the U.S. Supreme Court will be required to comment on its own decision in Bush v Gore from 2000. The Court has never referred to its own decision in Bush v Gore in any subsequent ruling, although many lower courts have cited it. It said that states must treat each voter equally.

The Ohio case involves a November 2, 2010 election for a local partisan judicial race in Hamilton County. The two candidates still don’t know who won the election, because the vote is very close and the outcome depends on whether certain provisional votes can be counted. The U.S. District Court and the 6th circuit already ruled that some of them should be counted.