The Uniformed and Overseas Citizens Absentee Voting Act and RCV

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is commonly referred to as UOCAVA. UOCAVA Citizens are: U.S. Citizens who are Active Members of the Uniformed Services, the Merchant Marine, Commissioned Corps of the Public Health Service, the National Oceanic and Atmospheric Administration, their Eligible Family Members, and U.S. Citizens residing outside the United States. This Act provides the Legal Basis for these Citizens' Absentee Voting Requirements for Federal Offices.

The Military and Overseas Voter Empowerment Act (MOVE) amended UOCAVA and other Statutes by providing Greater Protections for Service Members, their Eligible Family Members, and other Overseas Citizens. Among other Provisions, the MOVE Act requires States to send Absentee Ballots to UOCAVA Voters at least 45 Days before Federal Elections.

Jurisdictions with Runoff Elections require Election Administer to Send and Receive Ballots Multiple Times. Once for the First Election and then again for the Second Run-Off Election. International Mail takes time, so the Deployed Military and Overseas Voters of these Jurisdictions may not have time to Receive, Complete, and Return a Runoff Ballot before the Day of the Runoff Election. This time crunch is why Federal Law requires at least 45 Days between Rounds of Voting in Federal Elections. Still, many State and Local Runoff Elections occur as little as One Week after the First Round, effectively Disenfranchising Overseas and Military Voters.

With Ranked-Choice Voting (RCV) Ballots, a Military or Overseas Voter can Vote in the First Round and Rank their Candidates. When a Runoff occurs, the RCV Ballot is Counted.

Overseas Voters in Runoff States:

Arkansas: Adopted in 2005, first used 2006, and was extended to all Local Runoffs in 2007.

Alabama: By Agreement with a Federal Court, used in Special Election for U.S. House, 2013; became Law for All Federal Primary Runoffs in 2015.

Louisiana: Adopted and Used since the 1990s for State and Federal General Election Runoffs includes Out-of-State Military Voters.

Mississippi: Adopted in 2014 for use in Federal Runoffs.

South Carolina: Adopted and First used in 2006 for State and Federal Runoffs.

Springfield, Illinois: Adopted in 2007 and used since 2011.

"We consider it an unqualified success. We've heard nothing but good things from voters about it. In the past, UOCAVA voters had a very difficult time participating in runoffs due to the two-week turnaround time. In the June 2012 primary, 92.5% of UOCACVA primary voters also participated in the runoff [with ranked ballots]. That is exceptional, and doesn't take into account those voters who may not have had a runoff. The real participation rate could be closer to 100%." Chris Whitmire, Director of Public Information of the South Carolina State Election Commission said.

It's time we add this Option for all UOCAVA Voters.









NYC Wins When Everyone Can Vote! Michael H. Drucker

IL and Justice Dept. Agreement on Miltary Ballots for Special Elections

The Justice Department announced that yesterday it reached an agreement with Illinois officials to help ensure that military service members, their family members and other U.S. citizens living overseas have an opportunity to participate fully in the upcoming Feb. 26, 2013, special primary election, and the April 9, 2013, special election to fill a vacated seat in the state’s 2nd Congressional District. The agreement is necessary to ensure Illinois’s compliance with the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as amended by the 2009 Military and Overseas Voter Empowerment Act (MOVE Act).

The agreement, filed yesterday evening, which must be approved by the federal district court in Chicago, requires that by Jan. 15, 2013, the state will ensure expedited transmittal of ballots for the special primary election to UOCAVA voters who have requested them by that date. The agreement also requires that by Jan. 31, 2013, the state will resolve any candidate petition challenges and ensure expedited notice to UOCAVA voters of the final list of candidates for the special primary election. The voted ballots must be postmarked by Feb. 25, 2013, and received by March 6, 2013, to be counted in the special primary election.

The agreement also requires that by March 8, 2013, the state will ensure expedited transmittal of ballots for the April 9, 2013 special election to all UOCAVA voters who have requested them. Under Illinois law, the voted ballots must be postmarked by April 8, 2013, and received by April 23, 2013 to be counted in the special election.

In addition, for both the special primary election and the special election, the state will provide all UOCAVA voters the option of returning their marked ballots by email, fax or express mail at no expense to the voter.

“This agreement reflects this department’s continued and resolute commitment to ensure that members of our armed forces, their families and overseas citizens are offered a full and meaningful opportunity to vote in all federal elections, including special elections scheduled to fill vacated seats,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “I am pleased that we are able to reach this agreement with Illinois officials, which will ensure that these voters can fully participate in the state’s upcoming special primary election and special election.”










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Justice Files Lawsuit Against GA

The Justice Department announced yesterday that it has filed a lawsuit against the state of Georgia and its chief election official seeking relief to help ensure that military service members, their family members and U.S. citizens living overseas have the opportunity to participate fully in Georgia’s Aug. 21, 2012, federal primary runoff election and all future federal runoff elections.

The lawsuit, brought under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), was filed in federal district court in Atlanta. The lawsuit alleges that Georgia’s procedures are inadequate to ensure that its eligible military and overseas voters can participate fully in the state’s Aug. 21, 2012, federal primary runoff election, should one be necessary. The lawsuit seeks an order requiring Georgia to take all steps necessary to ensure that all affected UOCAVA voters are afforded a full opportunity to participate in the upcoming federal primary runoff election and all future federal elections.

“Our uniformed service members and overseas citizens deserve a full opportunity to participate in all elections of our nation’s leaders including runoff elections for federal office in states where they are held” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This suit seeks relief to ensure that Georgia’s military and overseas voters, many of whom are members of our armed forces and their families serving our country around the world, will be provided the opportunity guaranteed by UOCAVA to receive, mark and return their ballots in the upcoming primary runoff election, as well as all future federal runoff elections.”









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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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.”









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NY Board of Elections Meeting Notes

This is my notes from today's New York Board of Elections meeting.

- During the month of the April, during the Presidential Primary, the Board moved its operations to an existing government building to save over $300,000 yearly in rent charges.

- During the 2010 election, over 200 military & overseas ballots were not counted even though they were mailed in time under the Move Act. These ballots were from 33 counties. The Board will research and produce a report classifying the reasons and remedies.

- During the 2010 election, an optical scanner in the Bronx counted a very high number of overvotes. After tests with the manufacture, it was determined, after awhile the machine overheated and lost its calibration. They are working on a fix.

- Campaign finance forms have been traditionally late. So far this year, Campaigns and Candidates have been sued over 500 times.

- The HAVA law required a state to use HAVA money for an Arbitration Board. New York contracted for a $10,000 - $15,000 annual contract for this service, so voters had a place to go to complain about voting rights, if they did not get satisfaction with the Board of Elections. In the four years of the contract is had not been used.

Today, the highest court in New York approved the new Republican 63rd State Senate District ceated by the new redistricting maps. The State Senate Democrats brought the case claiming the Republicans used unconstitutional calculations in creating the new district. I would have used a different reason. The calculations indicated a growth in the Albany area, but put the new district in an area that did not have the growth. It was a political move to help the Republicans maintain their Senate majority.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NYS Redistricting Update

U.S. District Court Judge Gary Sharpe said today he would issue a ruling in about a month in a federal lawsuit against the state over a law that requires setting an earlier primary date to accommodate overseas voters.

Sharpe said he doesn’t trust the Legislature to reach an agreement. Lawmakers and the governor’s administration have had two years to do so, and they have not acted. The judge, who also presided in the federal lawsuit against the state for non-compliance with the federal lawsuit, said he based his decision on past experience. “I don’t believe they’re going to, so I’m going to set it,” he said.

Instead, he gave all parties seven days to submit any additional arguments and proposals for how the issue should be resolved to his office, and another seven days to respond to those submissions. He said he would rule on the case within about two weeks after that, or early January.

The Department of Defense sued New York a year ago for not complying with the MOVE Act. The agency said in court papers that the primary could be no less than 35 days before the 45-day minimum for absentee ballots, a total of 80 days before the general election. That is, no later than Aug. 18.

Lawmakers are split on whether an August or June primary would be preferable. The Democrat-controlled Assembly wants the primary in late June. The GOP-led Senate wanted the fourth Tuesday in August, which the Justice Department has said would not be time to meet the 45-day requirement.

In papers filed with the court last week, the New York State Election Commissioners’ Association said it voted in January to recommend that the Legislature and governor move the primary date to the fourth Tuesday in June.

“A June primary allows meaningful compliance with the federal MOVE Act and ensures enough time between the primary election and general election to resolve ballot access disputes and create and test ballot accuracy,” the president and vice president of the bipartisan group told the court.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NY 2012 Primary Dates Update

The next court date is December 12, 2011 in the setting of New York's primary dates, United States v. State of New York, et al. Northern District of New York 10-CV-1214 (GLS) in front of Honorable Gary L. Sharpe.

After the Justice Department rejected a second waiver of the MOVE Act which requires absentee ballots must be mailed 45 days before an election, which will requires the existing primary date in September to be changed, the Republicans' want an August date and the Democrats' want a June date.

Jeffrey M. Dvorin, Assistant Attorney General, wrote a letter to the Judge on December 6, 2011:

Should the Court, at some point, nonetheless deem it appropriate to direct that the primary be conducted on a particular date, it should be mindful that there is a widely held view, among elected officials of both major political parties and public interests groups, that an August primary date could significantly disrupt election operations in a manner that could be avoided by holding the primary in June. It should also be noted that, for many years, New York's primary elections were held in June. Although the State of New York does not take a position as to the appropriate primary date, and remains hopeful of a legislative solution, the Court should have before it the fullest record upon which to render a decision should it reach the primary date issue. Accordingly, annexed to this letter are (1) a letter signed by the Speaker of the New York State Assembly and (2) an affidavit from the bi-partisan Election Commissioners' Association, to which the Speaker refers, each of which offers a factual basis and rationale for holding the primary in June. In addition, several civil rights and civic groups (Dkt. 38) and the Election Commissioners' Association (undocketed) have already submitted letters to the Court in support of a June primary. Any determination by the Court as to the primary date would involve the consideration of a highly complex pre-election process. The State, therefore, urges the Court to take into account the information in support of a June primary should it be deemed necessary to impose a Court-ordered date. Finally, the State respectfully submits that any order regarding the primary election schedule be limited to 2012, thus affording the State Legislature and the Governor an opportunity to set the primary dates for future primaries.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NY denied a Waiver to keep 2012 Primary in September

Thanks to the Ballot Access News for this post.

On November 16, the federal government refused New York state’s request for a 2012 waiver from the 2009 federal law, the MOVE Act, that requires states to mail overseas absentee ballots at least 45 days before any federal primary or federal election. As a result, it's very likely that a U.S. District Court will order New York state to move its non-presidential primary from September to August at a December 1, 2011 hearing.

The U.S. Justice Department has asked the federal judge in Albany to move New York’s 2012 primary from Sept. 11 to August or earlier, a change that would give the state more time to distribute general election ballots to absentee voters.

In denying New York’s request for a waiver Wednesday, the Defense Department said the state’s election plan for 2012 “provides no concrete solution to the problems that arose in 2010 from the state’s overly-compressed schedule for preparing and transmitting ballots.”

The NY legislators' are split between an August or June date. In 2012 there is the Presidential primary in April, the Congressional primary, and the State's primary. New Yorker's are not looking forward to three primaries in 2012. Our state budget has enough problems.

UPDATE

The hearing in U.S. District Court in the federal government’s lawsuit against New York on this point has been postponed once again, from December 1 to December 12. This is the fourth postponement. It seems somewhat likely that the judge is hoping the legislature will act before he must choose a new primary date. The case is USA v State of New York, northern district, 10-cv-1214.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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