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Bush margin in OH may exceed number of provisional ballots

[JURIST] [JURIST Election Special] 3:00 AM ET - As OH precinct reports come close to 100%, the conventional wisdom seems to be that the Bush margin of victory may outstrip the number of potential Kerry votes to be found in provisional ballots. The OH Secretary of State has announced that they will begin counting the number of provisional ballots at 10 AM.

3:15 AM ET - AP calls Nevada for Bush.

3:16 AM ET - Iowa has stopped counted for the night. With 98% of precincts reporting:

Bush - 733,506 - 50%
Kerry - 720,973 - 49%

3:25 AM ET - According to OH law, provisional ballots will not judged for validity until 11 days after the election. Once all valid votes are counted, if the race is within 1/4 of 1% of the total vote, and automatic recount occurs. Given the heavy usage of punch card voting machines in OH counties, should a recount occur, the US will once again be looking at "chads". More on OH election law and various outcome scenerios at the OSU Moritz College of Law site here.

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