NPR reported that a federal appeals court on Friday reinstated in-person early voting in the swing state of Ohio on the final three days before Election Day, returning discretion to local boards of elections.
The ruling by the three-judge panel of the 6th U.S. Court of Appeals in Cincinnati came in a case targeting a state law that ends early voting for most residents on the Friday evening before a Tuesday election. The law makes an exception for military personnel and Ohio voters living overseas.
"The State’s asserted goal of accommodating the unique situation of members of the military, who may be called away at a moment’s notice in service to the nation, is certainly a worthy and commendable goal," the court ruled. "However, while there is a compelling reason to provide more opportunities for military voters to cast their ballots, there is no corresponding satisfactory reason to prevent non-military voters from casting their ballots as well."
Local boards of elections would have the discretion to allow all Ohio voters to vote during Saturday, Nov. 3; Sunday, Nov. 4; and Monday, Nov. 5. DailyKos notes that this means that we could be back to square one where if a local board splits on having early voting Husted will side with the people voting against it.