United We Roll at Stardust Radio

10/17/10 - It was an article written in a blog by an American Marine who is serving in harm's way in Afghanistan. Why? Because his orders sent him there. Orders that came from the same government that is about to undergo a series of very important elections in just 15 days. But this Marine has not been able to receive his ballot, nor register his vote, despite jumping through all kinds of long-distance hoops.

When I read the article, it was not printed words on paper. It was the voice of an American who cares enough to put on the Marine uniform and do what is needed to protect our country and the gift of freedom that has been passed on to us by the sacrifices of all who have served in the past and the present. It was a voice filled with frustration and concern that we were looking at a repeat of the election in 2008 when thousands of our deployed members' absentee ballots were not counted.

According to the 2009 MOVE ACT, absentee ballots were supposed to be mailed overseas BY September 18th (45 days before election date). Many did not get mailed by that date and others have not been mailed until more recent dates. Some states received waivers because their Primary elections were later than September 18th. Others received waivers because ....???

How can our country ask men and women to serve far from home, away from families and in harm's way and then throw obstacles in their way to place their votes. As I said in an earlier post, if anyone deserves to vote, it is these Americans who give so much of themselves and their families for our country and for the rest of us. They see and live the direct results of a lot of legislation that is passed by our elected officials. And they shed blood for the rest of us to continue to have the right to vote.

As did others, (see the article and comments on http://www.onemarinesview.com/one_marines_view/2010/10/nc-isnt-the-only-state-jacking-with-servicemembers-voting-rights.html#more ), I immediately wrote to my Congressman (Jeff Miller - (R) Florida). It did not take long to receive the following newsletter from Rep. Miller's office, which is also available on his website.

Miller Newsletter October 15, 2010
ALL MILITARY VOTES MUST BE COUNTED

On October 28, 2009, President Obama signed into law the National Defense Authorization Act (NDAA) of 2010. The NDAA enacted a major overhaul of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) in the form of the Military and Overseas Voter Empowerment Act (MOVE Act). This was the fourth time since I have represented you in Congress that we on the House Armed Services Committee have sought, through targeted legislation, to ensure that our men and women in uniform have their votes counted. Although this legislation was passed more than one year prior to the upcoming midterm elections, many states and territories to this day have refused to fully abide by the law.

The MOVE Act requires that all states submit validly requested absentee ballots to all absent uniformed services voters or overseas voters no later than 45 days prior to an election. In response to this law, at least 20 states, including Florida, have enacted legislation to comply with the MOVE Act and many others have established detailed plans to get absentee ballots to military members overseas with enough time for them to be returned and counted in the upcoming election. However, there have been many states who have not acted in a sufficient amount of time. It is now 17 days before the election, and we are facing the real possibility that many service members will be disenfranchised.

Over the past three months, three times I repeatedly urged the Department of Justice (DoJ) and the Department of Defense (DoD) to monitor and to ensure states’ compliance with the law. In my correspondence with Attorney General Eric Holder and Secretary Robert Gates, I identified the significance of the MOVE Act and stated that the law specifically requires that all states comply and, furthermore, requires them to enforce compliance. My letter to Secretary Gates came immediately after DoD announced on August 27, 2010 that four states and the District of Columbia were denied waivers, while five other states were granted waivers from complying with the law’s 45 day requirement. I was certainly disappointed that numerous states were granted waivers, but I was most concerned that those states that were not granted waivers would be unable to provide ballots to our men and women warriors in time for their votes to be counted. Moreover, I trusted that DoD and DoJ had identified all non-compliant states and that these two agencies were combining efforts to assist these states.

Unfortunately, it appears that I placed too much trust in the DoD and DoJ leadership. Through recent media reports, and thanks to the efforts of the non-profit Military Voter Protection Project, it appears that numerous counties in multiple states have been found in violation of the law. We have learned that in New York, New Mexico, and Nevada, the DoJ has recently filed suit or reached agreement to extend the time period for receipt of completed ballots. While this action by DoJ is positive, it concerns me greatly that of these three states only New York was identified by DoD in that August 27 press release concerning granted waivers of the 45 day requirement. Additionally, it has been reported just this week that some counties in Alabama, Arkansas, and Illinois have failed to comply with the MOVE Act.

How many other states are non-compliant? How many thousands of Soldiers, Sailors, Airmen, and Marines are going to be disenfranchised? Why have the DoJ and DoD shirked their responsibilities under the law?

DoD knows the names and locations of each and every service member deployed to a foreign land. DoD also operates the Federal Voting Assistance Program – a great resource for our military personnel and their families, as well as other citizens living overseas. In addition, DoJ is required to enforce federal voting laws and to do so without prejudice. These two agencies are tasked with these responsibilities, and they must not neglect them. If they cannot adequately ensure that our fighting men and women are not disenfranchised, then they must act swiftly and immediately to fix the problem. If that means extending the date on which ballots must be received, then they must do it. If that means suing every state that violates this law, then it should be done.

Every American understands the importance of the right to vote. Blood and tears have been shed to ensure this sacred and supreme Constitutional right. More importantly, the American people know that without the Soldier, Sailor, Airman, and Marine, this right would be without its most able defender. With only days remaining before the midterm elections on November 2, I assure you and all of Northwest Florida that I will do everything in my power to guarantee that our warriors’ votes are counted.
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I would like to thank Rep Miller for his quick & very precise response
and for his non-ending efforts on behalf of our military members.

In his newsletter Rep Miller states, "If that means extending the date on which ballots must be received, then they must do it." I would certainly support this and any delay necessary in order to see that every one of our troops stationed overseas - and their family members - are able to register their votes.

He also states, "If that means suing every state that violates this law, then it should be done." Well, check this out! In today's online Washington post, one of the headlines reads "Justice Dept. sues New York for military absentee ballot delay". See this article at http://voices.washingtonpost.com/federal-eye/2010/10/justice_dept_sues_for_military.html

By looking at a number of sites, it appears fair to say that we have somewhere over 200,000 troops stationed in 144 countries and territories, with another 20,000 or so sailors and Marines deployed on board Navy ships. These numbers are certainly not anything to stand on, but are gathered by a quick glance at some sources. If you go to the website listed above, "Maj Pain", the writer of the blog "One Marine's View" has hammered out some pretty respectable numbers.

Is our government - our elected officials - ready to just ignore these thousands of dedicated Americans and their votes? I would certainly hope not! I can't imagine any election supervisor being able to sleep at night until the absentee ballots are in the mail and all other deadlines are met.

Voting is a privilege that was won for us by the blood of our forefathers. Our deployed troops have seen how the Iraqi people have braved violence and fear so they could finally vote. Have we Americans become so complacent and reliant on others that we have forgotten the value and the pride that goes into casting one's vote? Our troops have not forgotten and they righteously ask that their votes be counted.