OPINION
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CLAY, Circuit Judge. Defendants Jon Husted, the Secretary of State of Ohio,
and Mike DeWine, the Attorney General of Ohio (collectively the “State”), joined by
Intervenors representing numerous military service associations (“Intervenors”), appeal
from the district court’s order granting Plaintiffs’ motion for a preliminary injunction.
The district court enjoined the State from enforcing Ohio Rev. Code § 3509.03 to the
extent that it prevents some Ohio voters from casting in-person early ballots during the
three days before the November 2012 election on the basis that the statute violates the
Equal Protection Clause of the Fourteenth Amendment. For the reasons set forth below,
we AFFIRM the district court’s order granting the preliminary injunction.