EXCLUSIVE: Advocates Cite Purported MOVE Act Violations in Seven More States
Published September 29, 2010
Oct. 26, 2004: U.S. Army Sgt. George Scheufele prepares to mail in his completed absentee ballot after voting in the American Presidential andCongressional election while at Camp Eagle in the battle-torn Sadr Cityneighborhood of Baghdad, Iraq.
An organization fighting to ensure that all overseas members of the U.S. military have the opportunity to vote hassent a letter to Attorney General Eric Holder listing what it says areviolations of the federal MOVE Act in two states and in multiplecounties in five other states, FoxNews.com has learned.
The letter from the Military Voter Protection (MVP) Project calls on the Justice Department to take actionagainst what it says may be widespread violations of the MOVE Act inConnecticut and New Mexico, and in some counties in Alabama, Arkansas,California, Indiana and Nevada.
And it suggests that a lawsuit the MVP Project filed last week against the state of Maryland could be just thefirst of many court actions.
MVP Project, a nonprofit organization founded by Eric Eversole, a former Justice Department voting sectionattorney, sued the Maryland Board of Elections on Thursday on behalf ofan unnamed officer in the state National Guard who is on active duty inthe U.S. Army. The group claims that the board of elections sent outabsentee ballots to members of the military that applied only to federalraces — and excluded state races for governor and attorney general,among other elected offices.
Eversole says the DOJ's lack of oversight in enforcing the MOVE Act could lead to the disenfranchisement of military voters.
“DOJ decided Maryland could send out to only half a ballot, and the ballots they sent out did not satisfy therequirements,” he said. “It all comes back to this: From ourperspective, they deserve to have that ballot sent to them and sent tothem in a timely manner. We don’t think it should be half a ballot. Youdon’t meet your requirements for sending out half a ballot.”
But Maryland claims the MOVE Act requires states to send out only federal ballots 45 days before elections.
Ross Goldstein, deputy administrator of the Maryland State Board of Elections, declined to comment on the activelawsuit, but he said the state was following the law.
“We are in compliance with all requirements of MOVE Act,” he said, stressing that the state sent out federal ballotsbefore the Sept. 18 deadline and will likely send out the local raceballots by expedited mail by Oct. 8. He added that ballots have untilthe second Friday after Nov. 2, Election Day, to be counted.
On Monday, MVP Project sent a list of possible MOVE Act violations to Attorney General Eric Holder, claimingthe act may have been violated in Connecticut, New Mexico, sevencounties in Alabama, two counties in Arkansas, one county in California,one county in Indiana and two counties in Nevada.
The letter says:
— County election officials in Elko and White Pine Counties in Nevada indicated that ballots would be sent outon Sept. 22 or Sept. 23, days after the Sept. 18 deadline.
Matt Griffin, Deputy for Elections, Nevada Secretary of State, admitted that Elko County had not been able to gettheir absentee ballots out before the deadline, but he said White PineCounty had no problems whatsoever. A printing problem slowed down themailing process, Griffin said, but contingency plans were being made toensure that all ballots will be counted.
— In Indiana, St. Joseph County ballots were slated to go out Sept. 27.
Brad King, co-director, Indiana Election Division, said he was concerned and disappointed to hear that St. JosephCounty still has not sent out its absentee ballots 10 days after theMOVE Act deadline.
“Although the Election Division does not have enforcement authority, we can urge compliance with MOVE, and askquestions when that doesn't occur. And I am certain that there will beplenty of questions asked to better understand what has happened in St.Joseph County and how to prevent anything like it from occurring in thefuture,” he said.
— In Alabama, seven counties may have sent out ballots after the Sept. 18 deadline.
Alabama Secretary of State Beth Chapman said the state “is presently conducting a county-by-county survey to assessMOVE Act compliance,” after which she’ll determine if correctivemeasures are needed.
— Connecticut admitted to sending out ballots after the MOVE Act deadline, citing a press release dated Sept.23. But that release said ballots were mailed out before the Sept. 18deadline, says Secretary of State Susan Bysiewicz, who railed againstEversole’s accusations and sent of a letter of her own to the Holder.
In a statement to FoxNews.com she wrote:
“My office and the clerks of this state take our responsibility to military and overseas voters very seriously, andMr. Eversole and others who would make baseless and careless allegationsshould be called out for their egregious behavior.
"The statements made regarding Connecticut are patently false and reflect a serious lack of knowledge about allConnecticut has done over the past year to implement the MOVE Act…Ofcourse, we have been submitting our MOVE Act implementation plans to theDepartment of Justice throughout this process and have received theirapproval every step of the way.”
— New Mexico, California and Arkansas were also accused of potentially being in violation of the law. Officials inthose states did not respond to requests for comment.
Justice Department spokeswoman Xochitl Hinojosa, asked to comment on MVP Project’s letter to Holder, said:
“The Department takes all allegations of violations seriously and continues to vigorously enforce the Uniformedand Overseas Citizens Absentee Voting Act and the Military and OverseasVoter Enforcement Act of 2009, which strengthened UOCAVA.
"DOJ’s MOVE Act Team is working hard with all states, not just those who requested waivers from the MOVE Actrequirements, to investigate and remedy any problems that will preventour men and women serving overseas from having the opportunity to voteand have their votes counted.”
The Defense Department’s Federal Voting Assistance Program director, Robert Carey, said:
"If FVAP hears of potential ballot delays or problems, it contacts the Department of Justice immediately with thatinformation."
"States granted waivers must certify the delivery of ballots in accordance with their waiver plans and mustreport post-election on a broad range of statistics regarding ballotdelivery and returns. All of those requirements notices, and responsesas we receive them, are on FVAP's website at http://www.fvap.gov/reference/laws/waivers.html. To date, all states have complied with their waiver requirements."
Sen. John Cornyn (R-Texas,) who co-sponsored the MOVE Act, said:
“The information gathered by the MVP Project confirms the worst — that many counties and cities across the nationhave failed to comply with the MOVE Act’s 45-day standard. I have ahard time squaring this disturbing fact with the rosy assurances givento me by the DOJ. There is now clear, public evidence that federal lawis being violated in a way that could lead to massive disenfranchisementof our men and women in uniform. The DoJ has no excuse but to takeimmediate action against these jurisdictions — each day of delay putsmilitary voting rights at greater risk.”
On Monday afternoon, Justice Department officials met with Judiciary Committee staffers and others to addressconcerns about MOVE Act disenfranchisement. Sources said when staffersasked specifically about the contents of MVP Project’s letter to Holder,Justice Department personnel simply said they would handle it, and thatthey had 20 staffers working on MOVE Act related issues.
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