-By Judd Legum

November 3, 2012- A last-minute directive issued by Ohio Secretary of State Jon Husted (R) could invalidate legal provisional ballots. Ohio is widely viewed as the most critical state for both presidential campaigns and — with some polls showing a close race — the 11th-hour move could swing the entire election.

The directive, issued Friday, lays out the requirements for submitting a provisional ballot. The directive includes a form which puts the burden on the voter to correctly record the form of ID provided to election officials. Husted also instructed election officials that if the form is not filled out correctly by a voter, the ballot should not be counted.

According to a lawsuit filed by voting rights advocates, this is “contrary to a court decision on provisional ballots a week ago and contrary to statements made by attorneys for Husted at an Oct. 24 court hearing.”

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