Subject: [EL] MOVE act and military voting |
From: Spencer Overton |
Date: 10/29/2010, 4:06 PM |
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu> |
CC: "VOLOKH@law.ucla.edu" <VOLOKH@law.ucla.edu> |
Eugene Volokh recently posted the following on the election law listserve: “A correspondent of mine pointed to this decision, which “rul[es] that overseas voters and soldiers now have standing to challenge violations of their constitutional right to vote via the MOVE act.” (I quote him, since I haven’t read it yet.)”
Actually, today’s decision in Doe v. Walker issues a preliminary injunction extending Maryland’s November 12, 2010 deadline for absentee ballots by ten days. The Court found that absent uniformed services and overseas voters (I’ll call them UOCAVA voters) were likely to succeed on the merits that the Nov. 12 deadline unconstitutionally burdened their fundamental right to vote in state elections. In short, the Court found that it was likely that at least some of the absentee ballots sent to UOCAVA voters containing the state and local races were not postmarked until October 12 (absentee ballots for the federal races had been sent out earlier—by Sept. 18, to comply with the MOVE Act’s 45 day deadline). DoD’s Federal Voting Assistance Program estimates that international mail sent to overseas military requires at least 30 days for round-trip processing, and recommends 45 days. By imposing a deadline that is insufficient for round-trip processing, the Court in Walker found that the state imposed a severe burden on UOCAVA voters’ fundamental right to vote, and that the state’s interest in the November 12 deadline was inadequate.
I've got a bit more here for those of you who are interested.