Current Ohio law and practice does not permit ordinary voters to vote early during the weekend before election day. But Ohio does give each county Board of Elections the discretion to let voters who are in the military vote early on that weekend. On August 31, U.S. District Court Judge Peter Economus, a Clinton appointee, ruled that the state must let all voters vote early during the weekend before election day.

The 23-page ruling is Obama for America v Husted, 2:12-cv-636, southern district. The State will quickly appeal the decision to the Sixth Circuit. The order acknowledges that there is no constitutional right for early voting at all. But because the state lets military voters vote early on the weekend (depending on the discretion of the County Board of Elections), therefore equal protection requires that all voters also be allowed to vote on that weekend. The decision cites Bush v Gore. Thanks to Rick Hasen for the link.