The Justice Department has filed a lawsuit against the state of Vermont and its chief election official, alleging the state failed to send absentee ballots to military service members, their family members and U.S. citizens living overseas in time for the 2012 federal general election.
The lawsuit, which was filed in federal district court in Vermont, seeks to extend the deadline for receipt of ballots from affected voters until November 16, 2012. The Department of Justice brought the enforcement action after discovering that Vermont had failed to send more than 20 percent of the absentee ballots requested by Vermont’s military and overseas voters by the 45th day prior to the election, as required by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
According to the lawsuit, Vermont’s failure to comply with UOCAVA has disenfranchised military service members, their family members and U.S. citizens living overseas, who are entitled to participate fully in federal elections. The Department of Justice is seeking an order requiring Vermont to ensure that affected voters will have sufficient opportunity to receive, cast and return their ballots in time to be counted.
The lawsuit also seeks relief requiring Vermont to notify affected voters, provide reports to the United States about Vermont’s compliance with UOCAVA, and take all necessary actions to ensure UOCAVA compliance in future federal elections. The Department of Justice is working to ensure that Vermont’s military and overseas voters are provided the full 45 days guaranteed by UOCAVA to receive, mark and return their ballots in the upcoming November general election.
“Our armed forces, their families and overseas citizens deserve a meaningful opportunity to fully participate in our nation’s elections,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are filing this lawsuit to ensure that Vermont’s military and overseas voters will be provided the full 45 days guaranteed by UOCAVA to receive, mark and return their ballots in the upcoming November general election.”
UOCAVA requires states to allow uniformed service voters and their families, as well as overseas citizens, to register to vote and vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made broad amendments to UOCAVA, including the requirement that states transmit absentee ballots to voters covered under UOCAVA, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
The Department of Justice is committed to protecting the voting rights of all citizens, including military service members and their families. The lawsuit is a reminder that states have a responsibility to ensure that all eligible voters have the opportunity to participate in federal elections.
Related Federal Cases
- Quebec Crew Hit Vermont ATMs, $88K in Fraud · Vermont
- Bronx Dealer Wilson Faces 7 Years for Vermont Heroin & Gun Run · New York
- NY Man ‘Javi’ Accused of Flooding Vermont with Heroin · New York
- Vermont Coke Conspirator Busted for Halfway House Escape · New Hampshire
- NY Man Sentenced to 110 Months for Oxycodone Selling & Money Laundering in Vermont · New York
