At DOJ, Military Voting Rights Hang in the Balance
Decisions by Washington bureaucrats over the next four weeks will have a profound impact on the upcoming November elections. These bureaucrats will decide whether or not those serving in the military from twelve states will have a full and effective opportunity to participate. If they choose to do anything other than aggressively enforce federal laws protecting military voters, many of those serving our nation won’t have a voice.
Every American can do something about it.
As I have written about before, the MOVE Act — signed into law in October 2009 — set a mandatory minimum time of 45 days before any federal election to mail ballots to overseas voters. MOVE was a rebuke to the bureaucrats who were stuck on a non-statutory 30-day standard used as a minimum in previous elections.
Blind bureaucratic reliance on the 30-day standard resulted in 17,000 overseas ballots not being counted in the 2008 election. The military postal service says 60 days is needed to get ballots to our troops and back again, but a law is only as good as the people enforcing it.
The new law contains a waiver provision which allows states to exempt out of the requirements by demonstrating an extreme emergency. They also must submit a plan that provides sufficient time for military voters to have their vote counted. For example, if a state had a constitutional provision in conflict with MOVE, and more time was needed to pass a constitutional amendment, a waiver would be appropriate if it included extra time after the election for the vote to be counted, even if late. A waiver is inappropriate if a state simply decides not to comply with MOVE.
But bureaucrats in Washington get to decide.
Thankfully the Pentagon, and not the Department of Justice, has the power to grant or deny a waiver. The only leverage the DOJ has over the Pentagon is the unsavory play of suggesting to the Pentagon they won’t sue a state even if a waiver is denied. If the DOJ plays that card, expect it to be done with oblique language well hidden from public view. The political fallout would be catastrophic for an already embattled attorney general.
If the DOJ actually initiates an aggressive litigation effort, pay close attention to the sort of consent decree the DOJ will accept from states. No consent decree should allow an end-run around the express intent of Congress. For example, it would be unacceptable to the public and Congress if bureaucrats negotiate a consent decree that requires fewer than 45 days to transit ballots. The law is the law.
Twelve states have applied for waivers from protecting military voters in the 2010 election: New Hampshire, Massachusetts, Rhode Island, New York, Maryland, Delaware, Wisconsin, Colorado, Washington, Hawaii, Alaska, and the District of Columbia.
Citizens from these states should be outraged that their state didn’t take steps to protect military voting rights despite having plenty of time to do so. States like Florida, Georgia, and Vermont got the job done and made changes to comply with MOVE. These twelve did nothing.
Citizens from these states can petition their top state election official, usually the secretary of state, to withdraw the shameful waiver requests. Some of these states still have legislatures in session that could fix the problem, but they won’t.
And which way do they vote in 11 of those 12 states vote, I wonder?
New Hampshire-Obama
Massachusetts-Obama
Rhode Island-Obama
New York-Obama
Maryland-Obama
Delaware-Obama
Wisconsin-Obama
Colorado-Oboma
Washington-Obama
Hawaii-Obama
DC-Obama
It’s almost like they want to minimize the R vote in those states. But I’m sure it’s nothing so sinister. Just coincidence.
Imagine that ! I would have guessed as much!
Notice that, with the Alaska exception, they are all blue (really communist red) states. Hmmm. And the left supports our troops??
This is transparency in action, because it is so transparent that they are contravening the law (meaning, violating the law) by way of (criminal) negligence, that it should cause a clamor across the land.
Only 12 states out of the fifty have asked for the waivers, so what’s wrong with those states? Too much socialist budget, perhaps, since all but one are mostly Dembot states.
So it shows what these liars really think about “federal supremacy” when it matters.
And after all the howling from the Dembots who want the draft again, saying that minorities are in disproportionate numbers in the military, so let us see what they think about minority voting rights there.
–Alan
And why are we mailing paper ballots in 2010?
There are many reasons. Here are two:
1. Paper ballots are the only way to reach forward operating bases in Iraq and Afghanistan. Those there have neither computers nor printers.
2. Serious security issues remain about sending transmissions overseas to affect American elections.
But why not send something like a pdf to whatever bases are close to the front lines and then carry them however the mail would be carried? If the ballots get 90% of the way there in milliseconds then it seems to be a win.
I read the link that was provided from Massachusetts and they talk about sending ballots through fax and email.
Mail doesn’t go to forward operating positions. That’s one reason. There are more. And even if it DID, you’d still need 45 days for it to get there and back.
It also puts more of a burden on the military to sort and deliver this additional form of mail. The guys in the FOBs have more than enough to worry about already, as do those in the supply chain. Considering the dudes most affected are the ones getting SHOT AT, I think the states can quit whining now.
AFA Hawaii: something like a quarter of the state is military and their families POS’d there. If more of those guys decided to start voting there, it would demolish the liberal infrastructure. No wonder they are reluctant to make it easier for military members to participate in voting!
I am writing to you from a computer in the middle of the Afghan moutains. EVERY base over here, no matter how small the FOB, and especially Iraq has both computers and internet access.
In 2008, I never even received my registry card that I applied for(close to the deadline, but certainly not past it)so I couldn’t vote. I am going to make sure that doesn’t happen this time around.
Stephen,
I just wanted to say a big thanks to you and the other troops serving our country. You guys are my heroes and I will be emailing the DOJ about this issue. If there is any group that should have every opportunity to vote then it should be the very people that fight for all of our freedoms to vote! God bless you and get home safe and sound man!
Thank you, Stephen, both for your service and for your comment. I am also writing my Secretary of State (NY). The unmitigated nerve! I can’t think of anything more unjust than a person in the military not having an opportunity to cast his vote. This issue needs wide exposure – I will be contacting veterans’ organizations on this, as well as posting to facebook and twitter. As another poster said, you should be getting these ballots earlier than anyone else.
Stephen, there are some FOBs in Helmand that don’t have computers. Could only talk with my son via sat phone. But lack of computers notwithstanding, the ballots should be delivered first priority to you guys who have the guts to put it all on the line.
Thank you for your service from a VPMM
My son is at a FOB in Iraq and has his computer in operation all the time. Certainly the DOD could have ballots sent to him. All you need is your sign on name and password like any other site. It’s just too much trouble for government idiots to design a system.
No computers in Iraq??? Are you nuts? Honest to God, the military DOES have the latest technology even in Iraq. Thank God they do, they get to talk to their families “face to face” so to speak once in a while rather than just snail mail the way it was when my husband was in the military away from home.
I’m a veteran and a registered Democrat. If this were some great Democratic conspiracy, I would be saddened. That said, the actions of some Democrats would not define the party I’ve chosen to represent me in government. Also, don’t assume all troops are Republicans…obviously this is not the case.
firstly, I have serious doubts of the honesty of anyone who goes out of their way to proclaim, “I am an ‘insert title here,’ but voted for ‘insert politician/political party here’”
Yes, not all soldiers are Republicans, however, it is a simple statistical fact that nearly 90% of our soldiers did not vote for Mr. Obama; off the record, the vast majority of our soldiers have nothing but hatred for the man as both the president and as a human being.
It is also a statistical fact that historically, Democrats have gone out of their way to delay or negate the votes of soldiers
Like Al Bore did in 2000 in Florida. Tried very hard to get the military votes thrown out.
Typical Gangster Democrat tactic.
Jackie- Yep, pure coincidence of the state’s represented here and the direction in which they’ve voted. Move along, nothing to think/say here..
BTW, Alaska is leaning blue nowadays. The natives want their gubmint checks and the majority white trash masses/silver headed hippies infest the state.
Most Alaskans, due to many of its remote locales get their news from NPR and CNN for they’re the only ‘news’ sources available via radi oand t.v. Oh, and the ever so ‘reputable’ TIME, Newsweek as well..
Amicable, factual political discussion is LIMITED on an island with ~4,000 inhabitants..
And here I thought that the volunteer armed forces were disproportionately minorities. Would not this then have a discriminatory affect on minorities and therefore be illegal under other laws, too?
Heh, what a good question!
Why does it take so long to move paper ballots? I bet that some combination of military transport and FedEx could move packages in a fraction of the time. Are ballots legally required to go through government snail mail or can companies like FedEx, UPS, DHL, etc. be paid to get them here sooner?
This was one of the complicating issues in the MOVE act debate. The Postal Union did not want ballots moving any way except by United States Post Office. DHL and Fed Ex have been good on the issue, but as usual, bumping heads with the Postal Service.
If FedEx or UPS were allowed to help move the ballots, they would arrive untampered with and in the time promised, which would be well shorter than the time government agencies insist on as a bare minimum. It would be done efficiently, quickly and fairly.
The Democrats simply won’t win under those conditions, so the USPS can’t have it.
We believe that if some of the civilian ex-military groups would get involved in this
..we could raise some hell and have these ballots treated with the honor they should be.
We send these people to fight for our nation, yet we do not listen to their opinions, such as their American right to vote and be counted.
This should be a hot topic with these groups. Where are they?????
that is a good question, as a member of both the VFW and the American Legion I have not heard a peep out of either orginazation
We believe that if some of the civilian ex-military groups would get involved in this, we could raise some hell and have these ballots treated with the honor they should be.
We send these people to fight for our nation, yet we do not listen to their opinions, such as their American right to vote and be counted.
This should be a hot topic with these groups. Where are they?????
I live overseas and receive a paper ballot from the state of FL – they’ve kept me apprised of every timeline and what is happening with the voting process via email. I have been very impressed….and this is a small county in FL, not one of the urban ones. Basically, they decided to make it a priority and frankly it can make it easier for all citizens in that county to have voting access.
When I lived overseas before, I was a resident of CA, and they did send me my ballot in time. They also were very diligent about serving the needs of the absentee voter. Again, they made it a priority.
However, it is still incumbent upon the voter to mark their ballot and send it in ASAP. Being an informed citizen and voting is a citizen’s responsibility as well as a citizen’s right.
If the ballot is received by the voting commission and wasn’t counted, then that’s another story and I consider that fraud or dereliction of duty by the voting commission – I don’t know if that would be a civil or criminal offense, but there should be some punishment (jail-time) associated with that misbehavior.
I complained to the Secretary of State of Massachusetts and they sent me to this page that explains their position: http://bit.ly/cx7JmM
You’ll be happy to know that when I called the DOJ number this morning, the lady who answered said she couldn’t get anybody to talk to me since it was Friday and most of the folks were gone.
This is referred to as AWS (alternative work schedule). Every other Friday about 40-50 percent of the office is not working. There will always be a manager there, though. Ask to speak to the Chief or Principal Deputy Chief (Wertz). The latter is the one who will be in charge of waiver advice.
Every other Friday about 40-50 percent of the office is not working.
Do they make up the time on weekends?
If it is like other AWS systems, they probably make it up by working 9 hour days when they are there. That gives them every other Friday off, and they still work a 40 hr week. Some systems have you work 10 hour days and get every Friday off. Depends on the AWS. No, it doesn’t mean they are only working a 32 hr week and getting paid for 40.
Being that between 80 and 90% of our soldiers did not vote for Obama (the vast majority of whom despise the man), the act doesn’t suprise me. It is also quite telling, but not suprising, that these states and districts are predominantly Democrat – a political group that has historically gone out of its way to delay or negate the votes of servicemenand women.
If anything, our soldiers, no matter where they are in the world, should be receiving their ballots EARLY to guarantee they are processed properly and on time. Everyone involved in this proposition should be crucified.
Why would anyone vote for someone who is vehemently opposed to their job statement? Our butts pucker every four years due to the fact that we know there is a chance a peace at any cost party member will be handed the reigns that control our budgets and directives. They stand in front of the press wiping tears for us and then attempt to strip us of the very freedoms we have sworn to defend. I would rather you spit in my face and admit your disdain for me instead of using me for your political gain. Although, It is easier for you to stab me in the back while riding my coat tails.
New York is broke, so they can’t send the ballots to our servicemen and women. They can and do, however, collect income taxes from those who came from NY, even though they do nothing for them.
It was the same story when they weren’t broke, when Jimmy Carter was running against Gerald Ford. My ballot arrived, in Japan – NOT a combat zone, almost a week after the election.
The message to the troops is the same, pay up and shut up. Taxation, without representation sounds familiar.
Let’s see, the Democrats are always fighting to give ex-cons the right to vote, and it is always the Democrats who fight against showing ID’s at the polling place. They are also the party that tried to discount the overseas ballots from the 2000 election. So here you have it:
Democrats =
• Ex-cons – yes
• No ID- potential for wide scale voter fraud- Yes
• Military men & women putting their lives on the line for our freedom- No
For those trolls that claim the military does not lean heavily to the right, explain then why the Democrats work so hard to disqualify their votes.
They don’t even want to allow the famous “purple finger” to prevent multiple votes by one person.
Raise your right hand and repeat, “I solemnly swear to protect and defend…and I also understand that I will not be able to vote if I am in the military, So help me God.”
That this is even an issue is unbelievable. How un American can our country get?We Must take back our freedom now, or there will be no freedom left!
So, the Socialist Party wishes to hamper or deny voting to those who risk their lives protecting the nation, and at the same time is looking to give voting rights to ten’s of thousand’s of illegal immigrants. Most except the liberal useful idiots, see the obvious dangers this invites. But with the just released names of Democrats who are members of the Democratic Socialist Party, a president who has stated publicly that he wish’s to fundamentally change America, this should not come as a surprise to any here. I have always held out the hope the military would be the instrument that put a halt to Political Coup at play in DC. If they fail to protect their members Constitutional Rights then I fear they will be useless in protecting Americans.
When I was on active duty, I changed from Independent to republican. My home state CT immediately denied me the right to vote there. It took the Republican national Committee to get me reinstated. In following elections I received the ballot too late to vote in another election. Let’s not forget that memo from the Democrats in the 2000 elections telling Democrats to do everything they could to find mistakes in ballots from the military overseas. http://www.hench.net/z112000c.htm.
For the Veteran above who says he is a Democrat, he is wrong. There is no more Democratic Party. It is now the Radical Socialist Party. I doubt that he really wants to be associated with that.
Many of you have great ideas, but it must be remembered that ANY absentee ballot identified as sent and then received back from a military address will be contested in the Democrat states.
The best means for the servicemen to assure their votes are counted is: order the ballot sufficiently in advance that it can be sent to a trusted relative. They in turn put the entire thing into a bigger envelope and mail it to the serviceman, who fills out the ballot as soon as possible. He then re-mails it in a big envelope back to the assisting relative or friend. The friend puts a stamp on it and mails it from a stateside post office. The Acorn/Union thug/Democrat at the ballot station will be none the wiser.
How dare people comment that military voters lean Conservative.
Why, look at the 2000 Presidential Election and Al Gore trying to include the military absentee ballots to the count. Oh, wait. Never mind..
Minor nitpick it is only 11 states and the district. The District of Columbia is not a state, the politics of it acting like one is for another discussion
And what do you do for state govt, Daddy?….Well honey, together with the federal govt I think up ways to keep soldiers from voting….Oh Daddy, I’m so proud of you, but do taxpayers actually hand you a paycheck for that?…Of course sweetie, it’s all part of being a good democrat. Yep Americans, here are your 26 BILLION state bailout tax dollars at work!
This disgusts me. I’d sooner give up my own franchise than see serving troops deprived of theirs.
17,000 people isn’t enough to outright change any elections. Atleast not federal ones, it might change a state election. I understand people’s concern, and think everyone (even homos) have a right to vote. But the fact is this really isn’t that big of deal given the massive scale, and how we’re not a pure democracy!
Democrats target ex-cons because ex-cons have the most to gain from social programs, judicial leniancy, etc. Also there’s alot of ex-felons. 1.6 million I believe, which obviously has a much larger effect then 17 thousand… We all know it’s about special interests why anyone, anywhere gets barred from voting. As so many other things. But if this pisses you off, then so should the ex-cons not being able to vote. Because frankly who ISN’T an ex-con given they’ll arrest you just for looking at someone wrong?
Jim you are very misguided on this. It has absolutely nothing to do with whether the missing military vote would change an election. That doesn’t matter one bit. What matters is that the people who subject themselves to IEDs and sniper fire get the “full measure” of their rights protected to vote. Take a read of the Gettysburg Address and maybe you’ll change your mind about how important their right to vote is, regardless of whether who wins an election changes.
I want to make sure that the 45 days for the military to vote is NOT CHANGED!
It’s hard enough to get mail in and out of Afghanistan and Iraq without lessening the time our military have to submit their votes. I have a son-in-law that is being deployed very shortly to Afghanistan and a granddaughter that is training in S.C., and will probably be deployed as well. I want them to have every opportunity to vote that’s available.
These Secretaries of State DENY our MILITARY votes.
They have probably been “bought” by S oros $
http://spectator.org/archives/2009/12/04/soros-eyes-secretaries
Contact secretaries of these states via nass.org
bastards! Write them–tell them what you think of them.
Dirty, dirty and more dirt. And how many Illegal’s will vote instead?
Do you think our Republican elected will step up to the plate on this one?
Delay the counting of votes in these States until all our dedicated troops who wish to cast a ballot do so.
This issue is an outrage.
Is that paid time off?
New Hampshire voted for Obama; but that’s not necessarily a bad thing in and of itself.
The likeliest alternative would have placed John McCain in the Presidency, and Sarah Palin in the on deck circle. Unfortunately, as many can plainly see, Mr McCain is displaying behavior consistent (in my opinion) with early stage Alzheimer’s; which could have meant an equally disasterous Administration as that of Mr Obama, or worse, an Administration that defaulted to Ms Palin.
The point is, the military usually votes conservatively, as Republicans. This move by the DoJ is merely one more reflection the absolute corruption of the Obama Administration. Their complete disregard and disrespect of the military shows through the empty platitudes they spout at media attended funerals.
I have contacted the NH governor, secretary of state, and all my representatives, and so far…
NOTHING.
I actually got something back “through the grapevine” from NH rep Dan Itse
“Sec. of State Gardner has stated that he intends to have all of our ballots
delivered in time.
Hon. Daniel C. Itse”
which raises the question..why seek a waiver, if they will have them out in time????
You are darn right the left supports our troops! My son proudly serves our country in Iraq now, my husband served during Vietnam, and my father served under General Douglas MacArthur in WWII. I don’t think there are any stronger Democrats anywhere than we are. And, we proudly support our President too.
And for the life of me, I don’t see how anybody can vote Republican. My congresswoman, Marsha Blackburn,(R)TN, consistently votes against military funding. She loves the photo-ops with our troops, but votes against them every chance she gets.
BTW, I don’t think you could really call Colorado and Alaska “blue” states. Colorado is really toss-up and AK–well, that’s Sarah Palin Country, so where’s the outrage?? Bunch of hypocrites.
Maybe you should look at the “BUY-OFF” that went on here. It so happens that 6 of those states received a special education package and screwed the MILITARY on absentee votes. Why?? Elections, The votes would not be in the big O’s favor. How sad of a day this is when states will sell the men and women who are putting it all, family, lives, work, their souls everything for us to be free
This is what this administration does for the SHAME ON THEM !!!!! I’m tired of the BUY_ OFF’s