The Ohio Supreme Court today rejected an attempt by Union County officials to overturn Secretary of State Jennifer Brunner's order to make paper ballots available to primary voters on Tuesday.

The justices unanimously found that the Union County commissioners had no standing to challenge Brunner's order by seeking a writ of prohibition.

The commissioners had contended Brunner had no authority to order the county to spend $86,000 to offer and count optical-scan paper ballots cast by voters who don't want to use touch-screen voting machines.

Judge Eric Brown of Franklin County Common Pleas Court previously dismissed the county's lawsuit, ruling that the commissioners had no authority to challenge Brunner's order.

Union County Prosecutor David Phillips disagreed in his filing with the Supreme Court, saying it was Brunner who lacked the authority to order the county to use an alternate voting system.

Phillips contends that commissioners can challenge the secretary of state because they selected and purchased voting machines and provide the money to conduct elections.

Brown ruled that only the Union County Board of Elections could challenge Brunner's directive. The board cast a 2-2 vote on complying with her order and she broke the tie in favor of her position.

County officials previously said they had some paper ballots on hand to offer voters, if needed, and were checking on quickly printing more.