Judge: Va. elections officials violated law with military ballots

By Tyler Whitley

Published: December 9, 2008

A federal judge ruled yesterday that the State Board of Elections violated federal law by mailing absentee ballots to military personnel overseas too late for them to return the ballots in time to vote.

U.S. District Judge Richard L. Williams said he would not fashion a remedy himself but leave it to the U.S. Department of Justice and the State Board of Elections to come up with a plan that would prevent such mishaps in future elections.

"The situation cries out for a solution," Williams told lawyers for the state board and the Department of Justice. Both are better suited than he to craft a solution, he added.

The State Board of Elections did not mail the ballots. They were sent by local registrars who report to the board.

The ruling has no impact on the recent election because the 4,750 ballots in question would not affect the outcome of any of the elections held in Virginia on Nov. 4. Williams said the absentee ballots, which had been preserved after the election, need not be counted.

"It will not alter the course of the election," he said.

On the day before the election, the McCain-Palin campaign filed suit to count the ballots. It contended that the absentee ballots were not mailed overseas in time for them to be returned by Election Day.

Williams subsequently dismissed the McCain-Palin suit but allowed the Justice Department to intervene.

The State Board of Elections asked that the suit be dismissed, contending that Congress, when it drew up the overseas balloting act, did not intend to set a deadline.

Alberto Ruisanchez, the Justice Department lawyer, said the effect of not counting the ballots would be to disenfranchise the absentee voters and that is not what Congress intended.

The Justice Department wanted the federal court to count the ballots and issue an order requiring timely mailings in future elections.
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