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Judge Listens To Congressional Race Lawsuit

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FRANKLIN COUNTY, Ohio -- The waiting game continues in the 15th Congressional District race between Democrat Mary Jo Kilroy and Republican Steve Stivers.


U.S. District Court Judge Algenon Marbley said Monday he would decide whether to count approximately 1,000 disputed provisional ballots by Thursday evening, instead of referring the matter to the state Supreme Court.


The ballots are in dispute because the voters who cast them failed to print and sign their name on the envelope containing the ballot.


Stivers' lead over Kilroy is less than 200 votes with thousands of undisputed provisional ballots left to count.


As Franklin County continues to conduct its official count, Republicans saw the decision to delay a ruling as a good sign, given that once the disputed ballots are counted, they will be mixed in with other ballots and cannot be reviewed later. Among the questions Judge Marbley is weighing is whether a missing signature or name constitutes an error on the part of poll workers, or whether the responsibility rests with the individual voter.


Stay tuned to NBC 4 and refresh nbc4i.com for more information on this developing story.


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