I hope that the Court asks them if this is their intent. If they answer in the affirmative, it means that the State of Virginia can discriminate against a class of citizens in an election. By this, I mean in part that many citizens who are not on active duty, and who are not in the military, receive their absentee ballots in a sufficient amount of time to mark their ballots and mail them back to be counted. Then, the Court should do something the activist Democrats love for the Courts to do, and take over the administration of elections for the State of Virginia until December 2012, since it is obvious that elections officials don't understand their Constitutional duties. (Although, the liberals would howl in pain should the Court take an action to protect the voting rights of active duty Military members.)
Imagine if registered Republican ballots arrived days after the election.