RICHMOND
John McCain's presidential campaign filed a federal suit Monday against Virginia seeking to extend by 10 days the deadline for the state's acceptance of military members' federal absentee ballots.
Word of the suit emerged Monday afternoon, around the time that a separate election-related injunction request to extend voting hours in today's election was being rejected in federal court.
A national voter rights group, the Advancement Project, and the state NAACP chapter sued the state last week claiming unfair election practices and sought court action to change the distribution of voting machines in Norfolk, Richmond and Virginia Beach, extend polling hours and permit wider use of paper ballots.
Judge Richard Williams did not grant the immediate injunction, though the suit is expected to proceed at a later date. In his ruling, Williams reasoned that last-minute changes to the election format could harm the public in the name of protecting voters potentially disenfranchised by current state election laws.
The McCain suit, meanwhile, seeks an injunction to extend the date by which federal write-in absentee ballots must be received to be counted. The current deadline is today, but the suit seeks to have the date changed to Nov. 14.
"Because many counties in Virginia failed to mail absentee ballots in time to our men and women in uniform stationed overseas, service members are being disenfranchised because they are unable to return their ballots before the November 4 deadline," campaign spokeswoman Gail Gitcho said in a written statement about the suit, which is scheduled to be heard in Williams' courtroom at 1:30 p.m. today.
Chesapeake, Suffolk and Virginia Beach are among the localities cited in the lawsuit as those that mailed absentee ballots overseas in late September. The suit argues that service members didn't have enough time to cast their votes and return them stateside.
Estimates range between federal agencies, but systemic impediments to overseas voting are seen as a hindrance that keeps service members stationed abroad from voting with the same success rate as the domestic population.
This is the second recent flap over federal absentee ballots; an earlier dispute was resolved last week when state election officials allowed about 100 ballots to be counted that otherwise would have been disqualified under state law.
Responding to the suit, Obama campaign spokesman Kevin Griffis said the Democratic presidential candidate "is strongly committed to protecting the rights of veterans and active-duty military. That is why our campaign sent a letter to every secretary of state earlier this fall urging them to do everything they can to ensure that the vote of active military and veterans are counted."
In the earlier lawsuit regarding voting equipment and hours, Williams acknowledged in his ruling that he would like to see Virginia adopt the early voting rules used by some other states, and also use more voting machines on Election Day. "Those changes have to come from the Virginia General Assembly, not the court," he said.
The judge, however, ordered state election officials to publicize the availability of curbside voting for elderly and disabled citizens and to remind voters that anyone in line when polls close at 7 p.m. will be allowed to vote.
After Monday's hearing, NAACP national President Ben Jealous urged voters to be patient as they wait in Election Day lines.
"We are urging all voters to stay in line tomorrow," Jealous said. "Americans have waited 230 years for this: a multi-gender, multi-generational, multi-racial" election.
"This is a big day. Stay in line," he said.
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
get your facts straight
Article II of the US Constitution:
http://www.law.cornell.edu/constitution/constitution.ar...
http://www.law.cornell.edu/constitution/constitution.am...
"Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
...
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States."
We currently have the Electoral College, described in detail in Article II, Section I, and further elaborated in Amendment XII. Each state gets to decide how to chose its electors. It just so happens that so far, every state has held a popular election to determine its electors. When you vote for president, you are not actually voting for that candidate, rather you are voting for your electors, who will then cast their votes on your behalf.
The XV, XIX, and XXVI amendments don't guarantee anyone the
Did i miss something
For whatever the reason, or whoever made it happen, i do not believe the military voters should be punished for what the city did not do sufficiently. What makes me wonder if this is just a last minute tactic to get votes. If this has happened in previous elections i know they expected it to happen in this one. As far as the law suit from AP and the NAACP, isn't it for all people. Black, white, hispanic, etc, lives in Norfolk, Richmond, Virginia Beach. Didn't Obama campaign state that they sent a letter to every secretary of state? So what am i reading wrong, i just don't understand some of these comments.
From the United States
From the United States Supreme Court in Bush V. Gore:
"The individual citizen has no federal constitutional right
to vote for electors for the President of the United States
unless and until the state legislature chooses a statewide
election as the means to implement its power to appoint
members of the Electoral College. U. S. Const., Art. II, §1.
This is the source for the statement in McPherson v.
Blacker, 146 U. S. 1, 35 (1892)"
Constitution - Part 2
I didn't get to vote until #19 was ratified... but it is the Constitution! Amendment 15 - Race No Bar to Vote. Ratified 2/3/1870.
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Amendment 19 - Women's Suffrage. Ratified 8/18/1920.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Which Constitution are you reading?
Amendment 14 - Citizenship Rights. Ratified 7/9/1868.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
My opinion
I like how my comment about not voting because of race, gender and age was deleted. I guess I offended someone who believes that's the reason to vote for someone. The cool thing is I know they read it so they'll read this also. Very sad.
the right to vote
mowns there is NO constitutional right to vote. look it up before you cite it.
history study is in order
mowns, you say that the military did not give you the right to vote. While technically true, it was the military which secured the victory that allowed the founding of the nation. Without this military victory, there would be no United States and no Constitution. Perhaps you should google October 17, 1781.
Armyvet, you need to re-look the 2000 election. It was the Al Gore camp that wanted to throw out military absentee ballots.
Who do you think would really uphold these words.
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
The key words is Preserve, protect and defend!
cFrederick
Submitted by cFrederick on Tue, 11/04/2008 at 12:56 am.
It sounds like this whole McCain suit is based on conjecture, and the presumption that overseas voting will favor McCain. How do they know how people are going to vote? (The word I hear from soldiers in war zones is that overseas voting is actually favoring Obama.)
I am currently in Iraq, and I can say that from what i'm gathering here(the deployed soldiers in the combat zone) many are in Favor for Sen. Obama (definitely muah)
voting from overseas
Point of fact. It is not just a matter of following directions when voting from overseas. My husband is stationed in Italy. I registered to vote and requested an absentee ballot last spring in order to meet all deadlines. Va. Beach did not release my ballot, according to their site, until Oct. 8. I receved it on Oct 20 and turned around and mailed it back on Oct. 22. As of Nov. 3 when I could no longer access the voter registration site, they had not received my ballot. It is all the more frustrating for me because my husband, who is a Texas resident, got his ballot and mailed it back almost 2 weeks before me. How is this fair when a voter from Ohio can walk in and register and vote on the same day with minimal ID or other verification ? I just wanted a chance to be a part of this election.
Get your facts straight...
Traveler, the Military did not give us the right to vote, the CONSTITUTION did. I am so sick of everyone acting as if the military gave me freedom. They may protect it, but God and the Constitution gave me my rights. Get it straight... if in doubt read the oath in case you forgot it...
Enlisted Oath: I, ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
And the officer's oath to follow
Why
does it always seem that the RNC is for fairness and equality for all. And the DNC wants to "cherry pick" what they deem fair or reasonable for all. It kind of makes me wonder what the DNC motives are.
Don't bother John
I am a military person stationed overseas that voted absentee. My vote along with many other servicemen and women are not favorable to McCain/Palin.
Military Ballots
Count the absentee military ballots!
However, note that in 2000, the Repugs were saying that votes in Florida should NOT be counted because the voters were too stupid to vote. Now the boot is on the other foot, instructions on the ballots were not followed and they expect the votes to be counted. I remember voting from overseas in 1960 and having the ballot notarized by the Detachment Commander. It was just a matter of reading the ballot and following instructions.
Make voting easier! Press the politicians for EARLY VOTING in Virginia. It's fair for everybody.
Goodbye Grandmother "Toot" , they took you before you could sing your song ....
predictable
Democrats want every vote counted, as long as it's a vote for Obama. If you're so confident that the socialist-leaning messiah is going to win this election in a landslide then why are you scared of the military vote?
BELIEVE ME!!! We had an
BELIEVE ME!!!
We had an overseas tour the last presidental election in an area that did not vote in the election -all the military doing absetee ballots... were very concerned that our votes were even counted!
Not the issue!
Regarding the statement in the story...."Americans have waited 230 years for this: a multi-gender, multi-generational, multi-racial" election. ***This election should not be decided on race, gender or age! This should be decided by what the candidates believe in...are striving for...their morals!!! Don't vote for Obama just because he's black, or for McCain because he's white or for McCain because he has a female running with him! Those are all the wrong reasons to vote! The man who said that is obviously looking at all the wrong reasons to pick a candidate.
Absentee Ballots
With such a large military presence in Virginia, it’s down right shameful for the present Democratic administration not to ensure that there a viable Absentee Ballot system in place.
Absentee Ballots in days gone by
Back when I was in the military, we frequently received our ballots too late, or not at all if the wrong mail bag ended up in the drink. This wasn't a Republican thing or a Democratic thing. It just was. Now, with the so-called 'Information Age', one would think they could arrange a faster method of transmission than snail mail.