State voters can cast their provisional ballots in precincts they're not registered in under a state ruling issued Tuesday.

But state officials plan to appeal the decision, which allows the votes to count when they're cast at the wrong precinct, as long as they're cast in the right city.

Provisional ballots are used in instances where voters say they're registered but their names don't appear on the registration rolls.

The Secretary of State's office said it will challenge the decision, because it could hinder the speed and efficiency of counting ballots after votes are cast on Nov. 2.

The provisional ballots, meant to prevent voters from being turned away on Election Day, could have an impact in East Lansing. In 2000, many voters were turned away because they weren't aware of the motor voter law, which required them to vote in the precinct that matched their driver's license.

U.S. District Judge David Lawson overturned Secretary of State Terri Lynn Land's decision to tell election officials not to count provisional ballots unless voters show up at the right precinct.

The opinion is under review by Land's attorney, and Attorney General Mike Cox has been asked to file an appeal on the opinion to the 6th Circuit Court as soon as possible.

"It's important that people vote where they're registered," said Kelly Chesney, Land's spokeswoman. "Then they will vote on a ballot that impacts them in their community, like ballot proposals and millages in their community.

"This decision flies in the face of that."

Tuesday's decision is going to cause an unnecessary burden for election officials, Chesney said, and could slow down the election process.

"It's regrettable the plaintiffs waited so long to file this suit," Chesney said. "It's greatly limited our ability to file a reasonable appeal."

State Democrats filed a lawsuit against Land and state Bureau of Elections Director Chris Thomas on Sept. 28, claiming that refusing to count the provisional ballots violates federal law.

According to the 2002 Help America Vote Act, or HAVA, states must give provisional ballots to any voter whose name fails to appear on the list of eligible voters in the precinct where the individual intends to vote. As mandated by Congress, the voter then will be able to cast a ballot.

The state Democratic Party contends, however, that ballots cast by voters in the wrong precinct will be discarded by election officials, as instructed by Land.

But some local experts, such as MSU College of Law professor Brian Kalt, said Land is acting appropriately to uphold the state's election laws.

"I don't think that the secretary of state has been acting any way other than properly and in good faith," Kalt said.

It's important to have an accurate count for each precinct, Kalt said, and provisional ballots should be reserved only for cases where a voter is in the right precinct but their registration can't be confirmed.

But some officials, such as Michigan Democratic Party spokesman Jason Moon, argue the ruling is only fair and is simply following what the HAVA mandated.

"It's a win for voters, and we're happy that the judge ruled in their favor," Moon said. "The judge ruled the Secretary of State must follow federal law, which mandates that eligible voters who are in the correct city, township or village can cast a provisional ballot.

"That federal law is right there in the HAVA."

The Michigan Democratic Party just wants to make sure that every vote counts and that as many people can vote as possible, Moon said.

The decision only applies to federal elections, and each voter must be verified as eligible and matched up to the qualified voter file, Moon said.

He added the state has the option to require counting the provisional ballots for state elections, but Lawson didn't order them to do so.

But Michigan isn't the only state seeking to count the provisional ballots, Kalt said. Last week, an Ohio federal judge ruled that provisional ballots will be counted as long as they are cast in the county where the voter is registered, he said.

Missouri and Florida courts recently decided against counting the ballots unless they're cast in the right precinct.

Regardless of what the courts decide, it's imperative that they act quickly, Kalt said.

"Whatever decision they reach, it's more important than anything that they reach it now rather than after the election," he said.