ELECTION 2004 Republican Geoff Davis, Democrat Nick Clooney and Independent Michael Slider. (AP Photo/Ed Reinke)

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In a proposed directive submitted to a federal judge, Secretary of State Kenneth Blackwell said election workers must allow a voter to cast a provisional ballot, even if the person comes to the wrong polling place. However, the directive requires a voter to sign an affidavit that the person understands the vote might not be counted.

Elections workers would still be required to make every effort to direct voters to the right precinct, their county board of elections or regional center otherwise designated by the board of elections.

U.S. District Judge James Carr had ordered Blackwell, a Republican, to submit a new directive by Monday. Carr on Thursday blocked the previous directive from Blackwell that voters couldn't cast ballots if they were at the wrong polling place. Carr ruled that voters can cast ballots as long as they are in the county where they are registered.

The state's Democrats and a coalition of labor and voter rights groups have argued that Blackwell's previous order discriminated against the poor and minorities.

Ohio Democrats had sued Blackwell over the previous directive, saying it would hurt their candidates more than it would Republicans because poor people tend to vote for Democrats and move more often.

Despite Thursday's ruling by Carr, elections officials in some counties said late last week they would continue to instruct their workers to send voters to the correct polling place. In some cases, election boards said they wouldn't rescind instructions given to poll workers given before Carr's ruling.

Blackwell spokesman Carlo LoParo said Monday the secretary of state continues to disagree with Carr's ruling. Blackwell has asked the 6th Circuit Court of Appeals in Cincinnati to overturn Carr's decision and has filed a motion that the court expedite the case.

LoParo said Ohio law is clear on the fact that a vote cast at the wrong polling place won't be counted.

"The surest way to have your ballot counted in Ohio is to vote at your assigned polling place," he said. "That will guarantee that your ballot will be counted as you have casted it."

Ohio Democrats said the new directive Monday would still unfairly limit people's ability to vote.

"It blatantly disregards the court's order and will deprive Ohioans of the right to vote," said party spokesman Dan Trevas.

Trevas also said having people sign a document saying they understand their vote might not be counted is problematic. He declined further comment until party lawyers had reviewed Blackwell's proposal.