New York Fails To Mail Ballots to Active Military, DOJ Yet To Act

The 2010 debacle involving military ballots just became surreal.

New York City and Westchester Country are but two of the several New York jurisdictions which admitted that they failed to mail military ballots. This fact should have been known on October 2, when the Justice Department should have marched into court seeking an immediate order that the ballots be sent -- preferably by rapid express mail.

Instead, a Justice Department press flack says they are in “urgent discussions.” Great. Congress should ask why they aren’t in urgent “litigation.” New York had already received a waiver, which DOJ supported, allowing the state to mail ballots on October 1. They couldn’t even meet that relaxed deadline.

In 2008, the Justice Department engaged in Keystone Kops enforcement of military voting rights. Their failure to enforce, aggressively, federal laws protecting military voters resulted in 17,000 wasted, late, or lost military ballots. Amazingly, Justice Department enforcement of military voting rights has only gotten worse in 2010.

This deterioration wouldn’t have anything to do with the change in administrations, would it?

Senator John Cornyn of Texas laid down the gauntlet this past weekend to Fox News:

If DOJ does not file a suit to right this wrong as soon as the courts open on Tuesday, then we will know once and for all that DOJ is not serious about safeguarding military voting rights.

Cornyn has particular interest in military voting rights. He has blocked the nomination of James Cole for deputy attorney general because of the lax enforcement of military voting rights. He has asked for basic information from Justice -- which Justice has been unwilling to provide -- about which states are not in compliance with the law. Now, we learn that DOJ obviously didn’t know about New York (and Illinois).

Even if DOJ rushes to sue New York on Tuesday, Cornyn shouldn’t expect much. DOJ sued other states like Wisconsin, and then rewrote the federal statute Cornyn sponsored in a settlement that shortened the congressional mandate of 45 days.

The worst part of this? Justice knew, or should have known, months ago which states were not in compliance with the law. Months ago, election officials in many states like Maryland and Wisconsin literally made statements that they would not be in compliance with the law. Justice did nothing but sit and wait.