Fired Montgomery County Board of Elections members Dennis Lieberman and Tom Ritchie Sr. did not win back their seats on the BOE Thursday, as a federal district court judge overruled their request for a preliminary injunction.

Judge Walter H. Rice wrote in his decision that Lieberman and Ritchie had not “satisfied their burden of establishing a substantial likelihood of success on the merits” of their claims – a requirement for receiving the injunction.

In August, Lieberman and Ritchie voted to maintain Montgomery County’s weekend voting hours, just after Secretary of State Jon Husted issued a directive setting weekday-only hours. Lieberman and Ritchie argued that Husted’s directive was vague, but Husted fired them when they refused to rescind their votes.

Denying the preliminary injunction does not end the case entirely. Husted has filed a motion to dismiss, and Rice scheduled a conference call for Nov. 13, one week after Election Day. Barring an appeal and a speedy action by a higher court, Lieberman and Ritchie will not be BOE members for the current election.