Ohio's elections chief wants to see a judge's order requiring the state to count certain flawed provisional ballots thrown out.
In a filing Friday, Republican Secretary of State Jon Husted said the U.S. 6th Circuit Court of Appeals' ruling last week made the consent decree unnecessary and it should be vacated.
The decree requires election officials to count votes cast provisionally using the last four digits of a voter's Social Security number then made defective by poll worker error.
A spokesman for Husted said the 6th Circuit ruling set broader rules requiring provisional ballots to be counted that could conflict with the decree.
An attorney for the parties who brought the legal challenge said Friday's request is another example of Husted trying to get valid votes thrown out.