DOJ Files Suit Against Vermont for Noncompliance of Absentee Voting Act
By Jim Kouri CPP (10/15/08)
During the last two presidential elections -- 2000 and 2004 -- the Democrats have used the Marxist strategy of "blame others of what you do." While the liberal-left and their news media comrades give credence to allegations of Republicans attempting to disinfranchise black and other minority voters, evidence of vote supression appears to emanate from the left-wing of the Democrat Party.
While the news stories regarding ACORN's fraudulent voter registration activities continue, there is growing evidence of the intentional suppression of votes by our military forces overseas. It's no secret that military personnel overwhelmingly support Republican presidential candidates. In fact, the news media avoid showing polls that gauge soldiers, sailors and Marines political opinions and couldn't care less if our servicemen and women have their votes counted in November.
In an example of too little, too late, the US Justice Department announced yesterday the filing of a lawsuit against the State of Vermont and Vermont Secretary of State Deborah L. Markowitz, alleging violations of the Uniformed Overseas Citizen Absentee Voting Act (UOCAVA).
UOCAVA is designed to ensure that uniformed military members and overseas citizens may effectively participate in federal elections. Vermont and the Secretary are responsible for collecting and reporting the number of military voters and overseas citizens who are sent ballots, return them and have them successfully cast in each federal general election. Vermont has failed to fulfill this important obligation ever since it became law in the Help America Vote Act of 2002.
The complaint filed in the US District Court in Burlington seeks a declaration that Vermont has previously violated the law, and seeks an injunction against any future noncompliance.
"Accurate and complete information about whether our uniformed service members and overseas citizens are being given an effective opportunity to have their votes counted is essential," said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division.
"Without it, Congress and the public cannot determine whether states are fulfilling their obligations to let uniformed service members and overseas citizens fully participate in our elections," she said.
The Election Assistance Commission (EAC) publishes a report every two years and provides data for every state and jurisdiction in the country about how many absentee ballots were transmitted to UOCAVA voters, how many were returned and how many were cast in federal general elections.
UOCAVA specifically mandates that state and local governments report to the EAC "not later than 90 days after the date of each regularly scheduled general election for Federal office" the "combined number of absentee ballots that are transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election." 42 U.S.C. section 1973ff-1(c) (2003).
Further, the States must "make such a report available to the general public." Vermont has never submitted the reports required by this law. The Justice Department has the authority to bring an action to enforce compliance by the states.
The Civil Rights Division enforces UOCAVA and the Voting Rights Act. To file complaints about discriminatory voting practices, including difficulties experienced by UOCAVA voters, voters may call the Voting Section of the Justice Department's Civil Rights Division at 1-800-253-3931.
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