Ohio Supreme Court to decide provisional votes

15th District race between GOP's Stivers, Dem's Kilroy still undecided

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updated 10:05 a.m. ET Nov. 26, 2008

COLUMBUS, Ohio - The Ohio Supreme Court will have the final say on how thousands of outstanding provisional votes are counted for a tight congressional race.

The 6th U.S. Circuit Court of Appeals ruled Tuesday that the state high court rather than federal court is the proper forum to decide the question, vacating a federal judge's ruling last week in favor of counting the questioned ballots.

The race in Ohio's 15th District between Republican Steve Stivers and Democrat Mary Jo Kilroy is still undecided.

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Roughly 27,000 special ballots are still unopened in Franklin County, which covers much of Columbus.

Stivers is leading by 594 votes according to new totals released Tuesday.

Both sides have until Monday to file evidence and briefs.