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BREAKING: DOJ Undermines Pentagon, Allows Wisconsin To Ignore Military Voting Protections
Pajamas Media ^ | September 10, 2010 | J. Christian Adams

Posted on 09/10/2010 11:41:29 AM PDT by jazusamo

This is a disgrace, plain and simple. Military voters, their families, and veterans organizations should be outraged at the Holder DOJ.

It is 2008 all over again. Today the Department of Justice effectively rewrote the 2009 MOVE Act designed to protect military voters. In a settlement reached with the Wisconsin Government Accountability Board, the Holder Justice Department allowed Wisconsin to mail ballots to overseas military voters only 32 days before the election, instead of the statutorily mandated 45 days.

Once again, it is no accident this embarrassing settlement is being released on a Friday, so fewer might notice.

The Pentagon had denied Wisconsin’s application for a waiver from the 45-day requirement: “The states granted waivers presented thorough and comprehensive plans to protect the voting opportunities for military and overseas voters,” Bob Carey, director of the Federal Voting Assistance Program, said in a statement. Wisconsin’s waiver application didn’t even come close to compliance with the MOVE Act. They wanted to send ballots only 29 days before the election. The folks at the Pentagon rightfully denied the waiver request.

The victory for military voters was short-lived.

Instead of aggressively suing Wisconsin immediately after the waiver denial, the DOJ engaged in secret negotiations. An immediate lawsuit would have strengthened the negotiating position of the DOJ as well as preserved various equitable legal arguments, including the argument DOJ waited too long to commence litigation. Instead of doing the right thing, the DOJ did the easy thing and reached a settlement with Wisconsin that undermined the Pentagon’s denial of Wisconsin’s waiver request.

The tough negotiating stance of the Holder DOJ extracted a whopping additional three days out of Wisconsin. Ballots will mail 32 days before the election instead of 29. A consent decree filed Friday will reflect this quisling agreement.

This is a disgrace, plain and simple. Military voters, their families and veterans organizations should be outraged at the Holder DOJ.

It is true that time was added to allow ballots to roll in after the election, but time after the election is different in quality than time before. The MOVE Act was explicitly designed to add time before an election to ensure the solider would get a ballot in time to benefit from the express delivery requirement under the MOVE Act. This guarantees that ballots placed in military mail at least 7 days before an election will be returned in time to be counted. By sending ballots only 32 days before the election, many overseas soldiers will be denied this important guarantee. Congress specifically rejected post-election add-on time as a solution. Compressing the pre-election time ignores both of these important statutory purposes.

The limp DOJ settlement demonstrates a core fear inside Justice of litigating military voting cases. Even when the DOJ actually acts to protect military voters, the investigative methods resemble the Keystone Cops.

After the administration changes, an increasing possibility in 2013, it will be essential to clean house and install litigators who don’t flinch under fire, both in the courtroom and also on the battlefield. It’s time to put someone in charge of protecting military voters who cares about military voters, preferably with military experience.

Senator John Cornyn has put the heat on Justice, and blocked the nomination of James Cole to be Deputy Attorney General. Justice was desperate to have Cole confirmed weeks ago, and the military voting mess has aggravated top DOJ leadership. Americans rightfully outraged by the DOJ concession should send notes of support to Senator Cornyn for his efforts to protect military voters. The shameful Wisconsin settlement will likely strengthen Cornyn’s resolve on the Cole hold.

Could Wisconsin have done something differently? Lots.

Wisconsin could have done what Florida, Georgia or Vermont did, and fix the problem in the nearly twelve months since the MOVE Act was passed. It’s a question of priorities. Wisconsin could have just gotten the job done like other waiver-requesting states did when their waivers were rejected. The primaries in Wisconsin are on September 14, but the DOJ settlement won’t require ballots to be printed and mailed until October 2.

This is what happens when government bureaucrats negotiate with other government bureaucrats. They are completely oblivious to the private sector solutions to the problem, such as printing technology, and instead allow a tedious 18 days to go by before ballots are mailed.

This settlement shows a slavish devotion to plodding process, to doing things without any sense of urgency. It contrasts starkly with the methods and mindset of our men and women serving in combat zones.

Could DOJ have done something differently? Absolutely. DOJ could have sued Wisconsin in June once it was clear the State would not comply with MOVE. If the DOJ took the timid approach and didn’t sue because it thought a waiver might be sought, they could have sued immediately upon the denial of the waiver application. They didn’t. Justice could have then filed a motion for a temporary injunction seeking an order to force Wisconsin to print ballots and mail them a few days after the conclusion of the September 14 primary. Similarly, Justice should have used the pending motion to leverage a better settlement.

But all that requires swift efficient work, speed, resolute decision making, and the courage to enter a courtroom — traits in short supply in military voting enforcement at the DOJ.

DOJ also could have had the courtesy to respond to the draft Pentagon waiver guidance that was sent in the spring. DOJ could have reviewed the draft and provided a written response. Because it failed to do so, no final waiver guidance was ever given to the states. This alone calls for consequences.

Simply put, the DOJ allowed Wisconsin to do less than the law allowed. Like Julie Fernandes rewriting the Motor Voter law, bureaucrats nullified important protections for military voters in the Wisconsin settlement.

Compare this timorous approach to what just happened to Cuyahoga County, Ohio. About 6,000 Americans who grew up in Puerto Rico live there. DOJ threatened to sue the county unless Spanish ballots were used across the whole county. The problem is that the need for Spanish ballots doesn’t exist across the whole county. And the law doesn’t even allow a county-wide remedy.

No matter. When it comes to Spanish ballots, the DOJ demanded a remedy that went beyond the law. When it comes to our military voters, the DOJ negotiated a remedy that was less than the law requires.

Expect more of the same regarding Hawaii and the District of Columbia, two more states grossly out of compliance with the MOVE Act.

It’s really just a question of priorities, of favored political constituencies. It’s a dangerous game of politicization to play considering the mood of the country. It is one more incident that grows the coming wave.

J. Christian Adams is an election lawyer who served in the Voting Rights Section at the U.S. Department of Justice. His website is www.electionlawcenter.com.



TOPICS: Breaking News; Foreign Affairs; Politics/Elections; US: Wisconsin
KEYWORDS: 2010; 2010election; 2010midterms; 2012; bho44; bhodoj; corruption; democratcorruption; democrats; doj; dojisajoke; dojvsamerica; dojvsamericans; dojvsmilitary; dojvspatriots; electionfraud; elections; enemydomestic; enemywithin; fail; holder; holder4alqaeda; holder4bombers; holder4murderers; holder4terrorists; holdertruthfile; holdervsamerica; holdervsamericans; holdervsmilitary; holdervspatriots; liberalfascism; military; militaryvoting; moveact; obama; obama4alqaeda; obama4bombers; obama4murderers; obama4terrorists; obamavsamerica; obamavsamericans; obamavsmilitary; obamavspatriots; soaincharge; tyranny; voterfraud; votingrights
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To: itsahoot

Ping to self


81 posted on 09/10/2010 3:57:51 PM PDT by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: bill1952

Good point. Thanks.


82 posted on 09/10/2010 4:01:10 PM PDT by DoughtyOne (All hail Prince Skid-mark, Barack Hussein Obama, constantly soiling himself and our nation.)
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To: jazusamo

Thanks for your explanation. I know it’s a matter of scheduling primaries and ballot-printing deadlines within the states themselves that cause the problem. These days with politicians much more willing to contest election results, the 45-day deadline is going to be difficult to do. All the states will have to start having May or June primaries and I know the Washington politicians don’t want primaries before their summer break campaigning. It’s a cunundrum.


83 posted on 09/10/2010 4:27:25 PM PDT by caseinpoint (Don't get thickly involved in thin things.)
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To: lonevoice

ping


84 posted on 09/10/2010 4:28:07 PM PDT by Pride in the USA
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To: caseinpoint

You bet...I’m sure there’s a lot more to it than my simple understanding of it but that’s the basics as I see it.


85 posted on 09/10/2010 4:35:21 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

Sounds to me like Obama wants to give Russ Feingold a little election day insurance...


86 posted on 09/10/2010 4:49:21 PM PDT by DemforBush (You might think that, *I* could not possibly comment.)
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To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; ...
Thanks jazusamo.
Today the Department of Justice effectively rewrote the 2009 MOVE Act designed to protect military voters. In a settlement reached with the Wisconsin Government Accountability Board, the Holder Justice Department allowed Wisconsin to mail ballots to overseas military voters only 32 days before the election, instead of the statutorily mandated 45 days. Once again, it is no accident this embarrassing settlement is being released on a Friday, so fewer might notice.

87 posted on 09/10/2010 6:12:18 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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To: Diogenesis

Ok you legal brains ... what remedy’s are possible here?

Could a member of the military sue the State of Wisconsin? I would think that a person in the military who was also a resident of the state would have standing.


88 posted on 09/10/2010 6:42:13 PM PDT by taxcontrol
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To: jazusamo

When the time comes, the military will be on the right side!


89 posted on 09/10/2010 6:42:27 PM PDT by PALIN SMITH
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To: jazusamo

To think that Obama will award an MOH makes me sick. The MOH stands in direct contrast to everything Obama is and stands for. Aaaaaarrgh!


90 posted on 09/10/2010 6:54:01 PM PDT by LeonardFMason
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To: jazusamo

To think that Obama will award an MOH makes me sick. The MOH stands in direct contrast to everything Obama is and stands for. Aaaaaarrgh!


91 posted on 09/10/2010 6:54:28 PM PDT by LeonardFMason
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To: LeonardFMason

I hear you but Obama is only the messenger and a poor one, it shouldn’t detract from the heroism of SSgt. Giunta.

I was so impressed with President Bush in the way he handled presenting the MOH to the relatives of recipients during his term, strictly class.


92 posted on 09/10/2010 7:11:49 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

DOJ supports the rights of Illegal Aliens and will go the ends of the earth to make sure they have their rights, but those brave patriots who are literally losing their lives and limbs fighting to keep us all safe and free get NO HELP?!!

Its like the Rolling Stones song..”every cop is a criminal and all the sinner saints”.

Holder should be put on trial and jailed.


93 posted on 09/10/2010 7:12:36 PM PDT by R0CK3T
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To: raybbr

Mocking our allies is hilarious.


94 posted on 09/10/2010 7:28:21 PM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: jazusamo

Peeing all over the one group, more than any other, whose right to vote should not be tampered with. Flagrant civil rights violation!

I hate dims. They are absolutely without scruples and apparently are never fazed by the fact that their agenda doesn’t win unless they cheat.


95 posted on 09/10/2010 7:41:58 PM PDT by Let's Roll (Stop paying ACORN to destroy America! Cut off their federal funding!)
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To: SunkenCiv

Military votes, ‘way too Conservative for this gang of thugs and cheaters.


96 posted on 09/10/2010 8:01:13 PM PDT by TheOldLady (Pablo is very wily.)
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To: jazusamo
With the Internet, we should be able to make a rough calculation per state of military voters, and how they might impact their state's elections.

I believe that anyone who is in uniform is eligible to vote because of their age, is that not so?

97 posted on 09/10/2010 8:20:53 PM PDT by an amused spectator (Islamic law upholds that children born to a Muslim father are automatically Muslim)
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To: TheOldLady

Denial of military ballots was one of the crimes of Gore’s cadres in the phony recount of 2000.


98 posted on 09/10/2010 8:32:36 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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To: an amused spectator
I believe that anyone who is in uniform is eligible to vote because of their age, is that not so?

Absolutely, that's my understanding. Enlistees can sign up before age 18 but only with a parents permission, I doubt there's any deployed under 18 years of age.

99 posted on 09/10/2010 8:41:50 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: Diogenesis

Can military members sue for their constitutional right to have their votes count?


100 posted on 09/10/2010 9:23:57 PM PDT by Bellflower (All meaning is in The LORD.)
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