Official results for the 15th congressional race between Democrat Mary Jo Kilroy and Republican Steve Stivers will not be slowed by a pending federal court case concerning provisional ballots in Franklin County, elections officials said.

Official results for the 15th congressional race between Democrat Mary Jo Kilroy and Republican Steve Stivers will not be slowed by a pending federal court case concerning provisional ballots in Franklin County, elections officials said.

"It's not delaying our calculations," said Ben Piscitelli, spokesman for the Franklin County Board of Elections. "There are plenty of ballots to tabulate in the meantime."

A complaint was filed against Ohio Secretary of State Jennifer Brunner in the Ohio Supreme Court on Nov. 13 by two Franklin County voters, Dana Skaggs and Kyle Fannin, on behalf of Stivers' campaign.

The complaint, since moved to U.S. District Court, claims approximately 1,000 provisional ballots in the county should not be counted because voters did not both sign and print their names, as required by state law.

According to the lawsuit, Brunner had directed that such votes be counted.

In Franklin County, more than 27,000 provisional ballots were cast and were yet to be counted.

In the last results released by the board of elections nearly two weeks ago, Stivers led Kilroy by 149 votes, 129,852 to 129,703.

Stivers campaign spoke-sman Rob Nichols said the lawsuit was filed to ensure that state laws are followed as the ballots are counted.

"Just follow state law, and don't change the rules once the game's gone into overtime," Nichols said.

A ruling on the case by U.S. District Judge Algenon L. Marbley was pending at ThisWeek's press time.

The board of elections cannot process any of the provisional ballots until the court rules, Piscitelli said.

"We cannot open or count anything until we get a go-ahead from Judge Marbley," Piscitelli said.

He said the board is focusing on certifying paper ballots, absentee ballots and votes cast on Election Day.

That will allow staff to focus on counting provision-al ballots once a ruling is made.

Piscitelli said he expects the count will be finished by Sunday or Monday, but official results will not be released until they are certified by the board. Under state law, the board must certify results on or before Nov. 25.

An automatic recount would take place, in accordance with state law, if the vote is within one-half of 1 percent. Under the current count, Stivers carries 45.57 percent of the vote to Kilroy's 45.52 percent.

Kilroy campaign spokesman Brad Bauman said the campaign is playing no role in the lawsuit and is waiting for results.

jnesbitt@thisweeknews.com