(CNN) – Ohio's secretary of state announced Tuesday he will move to appeal a federal court's recent ruling that overturned an early voting restriction in the state.
Jon Husted said he will ask the U.S. Supreme Court to consider the case. On Friday, a federal appeals court sided with the Obama campaign in its protest against a ban on voting in the final weekend–Saturday, Sunday, and Monday–before Election Day.
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In a statement Tuesday, Husted called Friday's ruling an "unprecedented intrusion by the federal courts into how states run elections."
"Because of its impact on all 50 states as to who and how elections will be run in America we are asking the Supreme Court to step in and allow Ohioans to run Ohio elections," the statement read.
While early voting in Ohio begins 35 days ahead of Election Day (and 45 days for those in the military overseas), the Republican-controlled legislature passed a provision in May that cut off early, in-person voting at the end of the day on the Friday before the election. The Uniformed and Overseas Citizens Absentee Voter Act also required the state to maintain early voting for members of the military, their family members, and U.S. citizens living outside of the U.S.
Backers of the law, including Husted, argued the move helped election workers gather and prepare in the final few days before November 6. They also argued that in the past, some counties kept their booths open during the three-day window, while others kept them closed, so closing them all together in the final weekend would implement a standard of uniformity across the state.
Critics, however, claimed the three-day ban was crafted out of political partisanship and disproportionately affected Democrats, particularly in urban and left-leaning areas of the state. Opponents also argued it was unfair to allow military members the early voting privileges, but not others living in crucial swing state.
Along with the Democratic National Committee and the Ohio Democratic Party, the Obama campaign filed suit in July over the restriction.
In late August, the federal District Court found the state law "likely" violated the Equal Protection clause of the Constitution, acknowledging an argument that "low-income and minority voters are disproportionately affected by elimination" of particular early voting days. The court found "there is no definitive evidence... that elections boards would be tremendously burdened" by returning poll access to the standard before recent changes to the state's laws.
The state had argued that "local county boards of elections are too busy preparing for Election Day to accommodate early voters" and that "unique challenges faced by military service members and their families justify maintaining in-person early voting for them but not for other Ohio voters," the court's opinion reads.
The circuit court said the injunction does not, however, require local election offices to be open for early voting during the weekend before the election, but said the injunction "return[s] discretion to local boards of elections to allow all Ohio voters to vote" that Saturday, Sunday, and Monday.
The court's third member argued that the court's opinion was too broad in scope.
Obama campaign counsel Bob Bauer said the court ruled "that every Ohioan should have equal access to early voting."
"As a result of this decision, every voter, including military, veterans, and overseas voters alongside all Ohioans, will have the same opportunity to vote early through the weekend and Monday before the election," Bauer wrote in a statement. "Across the country, the hard work to protect Americans' right to vote has paid off. We feel that every voter, regardless of party affiliation, that has the right to vote should be able to. We are now focused on making sure that voters across the country fully understand their rights, know exactly what their voting laws require of them, and clarify when they can cast their ballot."
– CNN's Allison Brennan contributed to this report.