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Before the law, local boards of elections previously set early voting hours on those three final days. And weekday hours and weekend voting varied among the state’s counties.

Democrats estimated in their lawsuit that 93,000 people voted during the final three-day window before the 2008 election.

Husted spokesman Matt McClellan said Tuesday that the secretary of state was also weighing how to proceed in a separate case in which a federal judge ordered the state to change its rules for counting provisional ballots to ensure that more of them can be cast in the upcoming presidential election.

At issue are requirements for when a poll worker is permitted to reject a provisional ballot, typically a ballot cast in the wrong precinct.

McClellan said Husted will likely not challenge the judge’s order that addresses poll worker mistakes, such as disqualifying the ballot of a properly registered voter who goes to the correct polling place but is mistakenly directed to an area of the polling place where votes for other precincts are being cast.

But McClellan said it was likely Husted would challenge the part of the order that makes it more difficult for provisional ballots to be rejected on technical grounds, such as the envelope in which the ballot is placed lacking the proper signature.

Meanwhile, a Washington-based conservative watchdog group said Tuesday that it’s also suing Husted for failing under federal law to maintain accurate voter registration lists. Judicial Watch said in a lawsuit filed last week that certain counties have more registered voters than the total voting age population in those counties.

McClellan said Husted has removed more than 19,000 deceased voters and hundreds of thousands of duplicates since taking office in January 2011. “Our voter rolls are in the best shape they’ve been in in years,” he said.