The Independent View: Justice and CA Reach Agreement On Overseas Ballots

The Justice Department announced today that it has reached an agreement with California state officials to help ensure that military service members, their family members and U.S. citizens living overseas have the opportunity to participate fully in California’s June 5, 2012, federal primary election.

The agreement was filed at the same time as a lawsuit brought under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The Justice Department filed suit in response to the state’s failure to send absentee ballots to thousands of California’s eligible military and overseas voters for the June 5, 2012, federal primary election at least 45 days prior to the election, as required by UOCAVA. The complaint also alleges that the state failed to ensure that ballots were sent by the voters’ preferred method of transmission (by mail or electronically), as required by federal law.

The agreement between the Justice Department and the California Secretary of State provides remedial options to afford affected military and overseas voters sufficient opportunity to receive, cast and return their ballots in time to be counted. Under the agreement, affected voters will be notified of their options to receive and return their ballots by electronic or other expedited methods, and they will be offered the option of returning their ballots by express delivery at no cost to the voter. The agreement recognizes the steps some counties already took to utilize express delivery for ballots that were not sent at least 45 days prior to the election.

“Members of our armed forces, their families and overseas citizens are entitled to a complete and meaningful opportunity to vote, and the Justice Department is committed to seeking full access to the ballot box for all voters – regardless of where they are on Election Day,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The California Secretary of State worked cooperatively with the department and agreed to implement measures that will ensure California’s military and overseas voters will have the opportunity to fully participate in June’s primary election and future federal elections.”