the acorn ballots should get as much attention... feh.
Posted on 10/27/2008 2:06:01 PM PDT by kristinn
Military absentee votes will be counted in Fairfax County, Virginia thanks to an opinion just issued by Virginia's Attorney General Bob McDonnell. The just-issued opinion smacks down the partisan effort by Fairfax registrar Rokey Suleman who -- contrary to federal law -- was requiring military absentee ballots to show the address of the witness countersigning the ballot.
O'Donnell's opinion finds that federal law preempts the Virginia law which requires the ballots to show witnesses' addresses.
The press release from O'Donnell's office says:
McDonnell Opinion: Count all Absentee Military Ballots
Opinion Finds Federal Law Preempts State Law; Federal Ballots without Witness Address Are Lawful, Must be Counted
FAIRFAX - Attorney General Bob McDonnell released a formal opinion today concluding that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted. The opinion affirms that federal law preempts state law, thus clarifying the state and federal statutes regarding the issue. The confusion centered over whether a state law requiring a witness’s printed name and address controls federal absentee ballots or the federal law governs this issue. The opinion was requested by Delegate Bill Janis (R-Henrico).
In the formal opinion the Attorney General finds, “It is…. my opinion that the applicable provision of Virginia law, Sec. 24.2-702.1(B), interpreted to require an overseas military voter submitting only a Federal Write-in Absentee Ballot to include the printed name and address of the person who signs the witness statement is preempted by the provisions of the (federal) Uniformed and Overseas Citizens Absentee Voting Act. Finally, it is my opinion that general registrars may not reject a Federal Write-In Absentee Ballot submitted by overseas military voters for the November 4, 2008 federal election that does not include a printed name and address for the person who signs the witness statement…..”
Approximately 100 Federal Write-In Absentee Ballots have been set aside in Fairfax County pending a legal conclusion regarding the discrepancy between state and federal law. Additional Federal Write-In Absentee Ballots may also have been received in other jurisdictions. The Federal Write-In Absentee Ballot is most commonly used by members of the military who are stationed overseas and have not received a state absentee ballot. It is a means by which service members can be guaranteed a vote in federal elections.
A copy of this formal opinion was provided to the State Board of Elections this afternoon.
Unfortunately, AG opinions carry no legal weight and Suleman is free to disregard it.
Its not like a court order which is binding.
Any chance the Supremes could overrule him? Their last decision of election fraud was appalling.
Their last decision ON election fraud was appalling.
A nickname to hide his birth name?
I heard on Fox this morning that only about 5% of military ballots get counted.
UNBELIEVABLE
My daughter sent her application for an absentee ballot to Fairfax three weeks ago and still has not received it. Another co-worker has had the same difficulty. Trying to get a conservative vote to count in Fairfax is getting harder and harder.
Good news!
Don’t forget this next year when bob McDonnell will be asking for your vote as he runs for Governor.
God bless him and God bless our troops.
Thanks. Just got back from the Palin rally in Fredericksburg(the cold weather and the rain starting as she wrapped up her speech put a real damper on the event!).
If what another poster said is true—that the VA AG’s opinion isn’t binding and compelling upon Suleman to actually comply and count the ballots, then I say the war is still on, and Suleman is in the target sights.
I appreciate your diligently updating me on this. Anything else you can pass along will be useful...meanwhile, I’m plotting just how to do the most horrendous psy-op against Suleman without landing in jail...with fortune, Suleman will simply relent.
Good for AG McDonnell.
Click on link provided to see what the MA Sec. of State was doing(or not doing) with military absentee ballots in the past.
http://www.usdoj.gov/opa/pr/2008/October/08-crt-943.html
It’s unbelievable that the question even arises. The dems will probably still sue. On what basis, I have no idea.
Hooray for good news and three cheers for the next governor of Virginia, Bob McDonnell!
This is why I don’t like to vote by absentee.
In CA the voter’s signature must be checked against the voter’s signature at the time he registered to vote.
How do I know if my signature looks the same? It was a decade ago!
The year (2000?) they found boxes of absentee ballots floating in the San Francisco Bay was the last year I voted absentee.
They aren’t counted unless the election is close, anyway. . .
Great, at least one honest attorney general in the country!
Anyone remember 2000 when the Gore/Lieberman committee tried to steal the election by challenging 4,500 absentee military ballots?
the acorn ballots should get as much attention... feh.
ping for later
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