Justice Department Urged to File Suit Against States for Non-Compliance with Military Voting Rights Law

Strategic Insights -

The Justice Department is being urged to file a lawsuit against dozens of states that appear to be non-compliant with a 2009 law ensuring voting rights for military personnel stationed abroad. The Obama administration's failure to file a suit will expose its lack of commitment to military voting. The law requires states to mail absentee ballots to personnel abroad at least 45 days before the election, and 11 states have not developed ballot-tracking capability.

Key Takeaways:

  • The Justice Department has been granted waivers exempting five states from the law's requirement that absentee ballots be mailed to personnel abroad at least 45 days before the election, but these waivers may be only temporary.
  • Four states, plus the Virgin Islands and the District of Columbia, applied for waivers but were denied, indicating they are not in compliance with the law.
  • Several other states, including Maryland, have pledged to meet the deadline but have not fully explained how.
  • The law also requires states to provide troops with the option of electronic ballot delivery and a system for military voters to track their ballots.
  • According to Eric Eversole, executive director of the nonprofit Military Voter Protection Project, it's unclear if Connecticut, Missouri, Massachusetts, New Hampshire, and Alabama are in compliance with all aspects of the electronic-delivery requirement.
  • Former Justice Department voting rights lawyer J. Christian Adams believes the Justice Department can and should file suit against all non-compliant states within 24 hours.
  • Sen. John Cornyn, the Texas Republican who co-authored the 2009 law, agrees that more must be done to ensure compliance and prevent disenfranchisement of military personnel.

Statistics:

  • 45 days: The minimum time required by law for states to mail absentee ballots to personnel abroad before the election.
  • 5: The number of states granted waivers by the US Department of Defense.
  • 4: The number of states denied waiver applications by the US Department of Defense.
  • 11: The number of states that have not developed ballot-tracking capability, according to the National Association of Secretaries of State.

Sources:

  • "Justice Department should file suit this week against dozens of states that appear not to be in compliance with a 2009 law to ensure voting rights for military personnel stationed abroad." - The Washington Times.
  • "According to Eric Eversole, executive director of the nonprofit Military Voter Protection Project, it's unclear if Connecticut, Missouri, Massachusetts, New Hampshire, and Alabama are in compliance with all aspects of the electronic-delivery requirement." - The Washington Times.
  • "J. Christian Adams, former Justice Department voting rights lawyer, told The Washington Times that Justice could and should file suit within 24 hours against all noncompliant states, and that there is no reason the department can't secure temporary injunctions from judges within the week to force compliance." - The Washington Times.
  • "Sen. John Cornyn, the Texas Republican who co-authored the 2009 law, agreed yesterday that more must be done to ensure compliance and prevent disenfranchisement of military personnel." - The Washington Times.