By James Paladino (staff@latinospost.com) | First Posted: Nov 06, 2012 12:26 PM EST

It wouldn't be a proper Election Day without a little controversy.

Voting tabulation machines in 39 Ohio counties have been updated with "experimental" software patches that dodged the Buckeye state's testing and certification prerequisites, reports The Cleveland Leader.  

Bob Fitrakis, the co-chairman of Ohio's Green party, took legal action to bring the issue to the attention of the U.S. District Court in an effort to purge the patch from the machines. The publication notes that the affected devices "will be used to count ballot cast by more than 4 million registered voters, including those in Cleveland and Columbus."

Victory in Ohio is crucial for both Obama and Romney, as the state's 18 electoral votes acts as a fulcrum which may tip the scales of the election towards its favored candidate.  

Hunter College's Jamie Chandler states, "Both can win without Ohio, but Ohio's kind of the icing on the cupcake. The path would be much easier if either one took it."

In the latest polls, Obama stood 2.9 percent taller than Romney, at 50 percent to the Governor's 47.1 percent.

On the campaign trail, the president confided in a crowd of Ohioans: "This isn't just about policy, it's about trust. Ohio, after four years, you know me by now, you know me...You may be frustrated sometimes at the pace of change. I promise you, so am I. But you know that I mean what I say, and I say what I mean."

At his own rally, Romney admitted, "Ohio could very well be the place that elects the next president of the United States."

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