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More than one week after its extended deadline, New York still hasn’t mailed out absentee ballots to all its 320,000 military servicemen and women and overseas voters, in clear violation 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 of Justice and given an additional 15 days -- until October 1 -- to send out all its ballots. On October 5, New York State Board of Elections co-directors informed federal officials that the state had not fully met their extended deadline, according to an e-mail posted online at FVAP.gov, the website of the Defense Department agency tasked with overseeing military voting.
County Boards of Elections have reported to our office that UOCAVA ballots have been transmitted to voters within their respective jurisdictions except in the City of New York, and the following counties: Erie, Niagara, Putnam and Westchester.”
And, as of Oct. 9, these ballots still have not been mailed to voters in these counties, who will now have less than 25 days to receive, mark and return their ballots, federal and state officials told FoxNews.com. New York City alone has about 50,000 servicemen and women and overseas voters.
"The gravity of New York's failure cannot be overstated. With approximately 50,000 military and overseas voters in New York City alone, there is no doubt that the November elections could be altered by this failure,” said Eric Eversole, a former Justice Department voting section attorney who recently started a nonprofit organization, Military Voter Protection Project, to protect military voting rights.
The MOVE Act was passed in 2009. It's lead author and sponsor was Senator Charles Schumer (D-N.Y.), Chairman of the Senate Rules Committee; 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, they should never, ever be denied their right to vote. I wrote and passed this law so our brave men and women overseas would no longer be disenfranchised and there is absolutely no excuse for failing to get this done. The boards of election should immediately get these ballots to each and every one of our service members around the world. They should 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 the clear terms of the waiver is shocking, in light of how much our troops have sacrificed in the years since 9/11. This is a clear violation of federal voting rights law. 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."
Originally posted by Misoir
They know that the military servicemen/women usually vote Republican and since New York is a heavily Democratic controlled state they know that they could be at risk if they give the military personell their voting rights.
Originally posted by Curiousisall
reply to post by thegoodearth
Funny because I remember the exact same issue being a big deal in 2004. I guess this is just more evidence of the deep Liberal plot to get George W. appointed president by the supreme court.
Anyone that can show me an election without charges of fraud from one side or the other might be my hero.
Originally posted by getreadyalready
So, I don't mind losing a hard fought election, but highly despise playing a rigged game, even if my guy comes out on top. As a matter of fact, the quickest way to lose my vote, is to play along with the political game or party lines or popular opinion or polling.
Cris Cray, Director of Legislation at the Illinois State Board of Elections, says not all of Illinois' 110 jurisdictions were compliant with the 2009 Military and Overseas Voter Empowerment Act (MOVE).
The law requires every state to mail their absentee ballots 45 days prior to Election Day to overseas troops, government employees and other Americans who want to vote from abroad.
Cray says she is currently compiling data from each of Illinois' jurisdictions to determine which were compliant and which were delinquent. Cray said it's possible the ballots may not be counted because the state was tardy in sending them out.
The Justice Department settled a case with New Mexico Tuesday where six counties failed to mail ballots by the deadline.