EXCLUSIVE: New York Violating MOVE Act
Published October 10, 2010
| FoxNews.com
AP
Oct. 26, 2004: U.S. Army Sgt. George Scheufele prepares to mail in his completed absentee ballot after voting in theAmerican Presidential and Congressional election while at Camp Eagle inthe battle-torn Sadr City neighborhood of Baghdad, Iraq.
More than one week after its extended deadline, New York still hasn’t mailed out absentee ballots to all its320,000 military servicemen and women and overseas voters, in clearviolation of the MOVE Act, FoxNews.com has learned.
According to the 2009 MOVE Act, a state must send out its military and overseas ballots 45 days prior to elections.
New York was granted a waiver to this deadline by the Department ofJustice and given an additional 15 days -- until October 1 -- to sendout all its ballots. On October 5, New York State Board of Electionsco-directors informed federal officials that the state had not fully mettheir extended deadline, according to an e-mail posted online atFVAP.gov, the website of the Defense Department agency tasked withoverseeing military voting.
In an e-mail sent October 5, New York State Board of Elections co-directors Robert A. Brehm and Todd Valentine wrote:
“County Boards of Elections have reported to our office that UOCAVAballots have been transmitted to voters within their respectivejurisdictions except in the City of New York, and the followingcounties: Erie, Niagara, Putnam and Westchester.”
And, as of Oct. 9, these ballots still have not been mailed to voters inthese counties, who will now have less than 25 days to receive, markand return their ballots, federal and state officials told FoxNews.com.New York City alone has about 50,000 servicemen and women and overseasvoters.
"The gravity of New York's failure cannot be overstated. Withapproximately 50,000 military and overseas voters in New York Cityalone, there is no doubt that the November elections could be altered bythis failure,” said Eric Eversole, a former Justice Departmentvoting section attorney who recently started a nonprofit organization,Military Voter Protection Project, to protect military voting rights.
In September, the MVP Project filed a lawsuit against Maryland Board ofElections on behalf of an unnamed serviceman in Iraq who, the suitalleges, will be disenfranchised this election.
“The sad fact is that New York City's failure will have its greatestimpact on those military members serving on the front lines," Eversolesaid. "They do not have the luxury of receiving their ballots via e-mailand must rely on a notoriously slow postal serviceto receive their ballots. Without immediate action, there is no doubtthat some of these troops will be disenfranchised by New York's failure.It is truly shameful."
Department of Justice spokeswoman Xochitl Hinojosa provided FoxNews.com with the following statement:
"The department is aware of recent issues in New York and we are inurgent discussions with state officials aimed at achieving a promptresolution. The department is committing significant resources tovigorous enforcement of the MOVE Act nationwide to ensure that our menand women serving in the military and our citizens living overseas havethe opportunity to vote and have their votes counted in this year'selections."
E-mail requests for comment sent to the co-directors, other Board of Elections officials and its spokesman were not returned.
The MOVE Act was passed in 2009. It's lead author and sponsor wasSenator Charles Schumer (D-N.Y.), Chairman of the Senate RulesCommittee; It was co-sponsored by John Cornyn (R-Texas.)
In a statement to FoxNews.com, Sen. Schumer said:
"Put these ballots on the next plane to Afghanistan.These soldiers sacrifice their lives to protect our freedoms, theyshould never, ever be denied their right to vote. I wrote and passedthis law so our brave men and women overseas would no longer bedisenfranchised and there is absolutely no excuse for failing to getthis done. The boards of election should immediately get these ballotsto each and every one of our service members around the world. Theyshould overnight them if they have to -- no ifs, ands or buts."
Sen. Cornyn gave this statement to FoxNews.com:
"The fact that New York government officials failed to live up to theclear terms of the waiver is shocking, in light of how much our troopshave sacrificed in the years since 9/11. This is a clear violation offederal voting rights law. If DOJ does not file a suit to right thiswrong as soon as the courts open on Tuesday, then we will know once andfor all that DOJ is not serious about safeguarding military votingrights."
Go to FVAP.gov for information about military voting, and to learn about onlineballoting options available for military voters from 31 states.
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