The Department of Justice is ignoring a new law aimed at protecting the right of American soldiers to vote, according to two former DOJ attorneys who say states are being encouraged to use waivers to bypass the new federal Military and Overseas Voter Empowerment (MOVE) Act.
The MOVE Act, enacted last October, ensures that servicemen and women serving overseas have ample time to get in their absentee ballots. The result of the DOJ's alleged inaction in enforcing the act, say Eric Eversole and J. Christian Adams — both former litigation attorneys for the DOJ’s Voting Section — could be that thousands of soldiers' ballots will arrive too late to be counted.
"It is an absolute shame that the section appears to be spending more time finding ways to avoid the MOVE Act, rather than finding ways to ensure that military voters will have their votes counted," said Eversole, director of the Military Voter Protection Project, a new organization devoted to ensuring military voting rights. "The Voting Section seems to have forgotten that it has an obligation to enforce federal law, not to find and raise arguments for states to avoid these laws."
Adams, a conservative blogger (
www.electionlawcenter.com) who gained national attention when he testified against his former employer after it dropped its case against the New Black Panther Party, called the DOJ’s handling of the MOVE Act akin to “keystone cops enforcement.â€
“I do know that they have adopted positions or attempted to adopt positions to waivers that prove they aren’t interested in aggressively enforcing the law,†Adams told FoxNews.com. “They shouldn’t be going to meeting with state election officials and telling them they don’t like to litigate cases and telling them that the waiver requirements are ambiguous.â€
The MOVE act requires states to send absentee ballots to overseas military troops 45 days before an election, but a state can apply for a waiver if it can prove a specific "undue hardship" in enforcing it.
Sen. John Cornyn,R-Texas – who co-sponsored MOVE – wrote a letter to U.S. Attorney General Eric Holder on July 26 saying he is concerned that the Department of Justice is allowing states to opt out of the new law.
http://www.foxnews.com/politics/2010/07/28/exclusive-doj-stalls-voter-registration-law-military/