Virginia Attorney General Saves Military Ballots in Fairfax
Posted by Bill Dupray
on Oct 28 2008 Filed under Politics.
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The Republican Virginia Attorney General, Bob McDonnell, has advised the Democrat Registrar in Fairfax that he cannot toss military absentee ballots due to a lack of a witness’s address. Keep in mind that though the state law requires the address, the ballots themselves were not printed with a space for it.
Virginia’s attorney general told state election officials Monday that they must count perhaps hundreds of federal absentee ballots despite a state law ordering some of them to be cast aside.
A dispute arose last week after Fairfax County’s registrar said state law bars him from counting dozens of federal absentee ballots because the witnesses failed to include their addresses on ballot applications, as required by a 2002 state law designed to stamp out voter fraud.
In an advisory opinion Monday, Republican Attorney General Robert McDonnell said that federal law trumps state law on this issue, and federal law calls for the ballots to be counted.
Here is the official press release from McDonnell’s office.
McDonnell Opinion: Count Absentee Military Ballots
Opinion Finds Federal Law Preempts State Law; Federal Ballots without Witness Address Are Lawful, Must be Counted
FAIRFAX – Attorney General Bob McDonnell released a formal opinion today concluding that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted. The opinion affirms that federal law preempts state law, thus clarifying the state and federal statutes regarding the issue. The confusion centered over whether a state law requiring a witness’s printed name and address controls federal absentee ballots or the federal law governs this issue. The opinion was requested by Delegate Bill Janis (R-Henrico). Click here to read it.
In the formal opinion the Attorney General finds, “It is…. my opinion that the applicable provision of Virginia law, § 24.2-702.1(B), interpreted to require an overseas military voter submitting only a Federal Write-in Absentee Ballot to include the printed name and address of the person who signs the witness statement is preempted by the provisions of the (federal) Uniformed and Overseas Citizens Absentee Voting Act. Finally, it is my opinion that general registrars may not reject a Federal Write-In Absentee Ballot submitted by overseas military voters for the November 4, 2008 federal election that does not include a printed name and address for the person who signs the witness statement…..â€
Approximately 100 Federal Write-In Absentee Ballots have been set aside in Fairfax County pending a legal conclusion regarding the discrepancy between state and federal law. Additional Federal Write-In Absentee Ballots may also have been received in other jurisdictions. The Federal Write-In Absentee Ballot is most commonly used by members of the military who are stationed overseas and have not received a state absentee ballot. It is a means by which service members can be guaranteed a vote in federal elections.
A copy of this formal opinion was provided to the State Board of Elections this afternoon.
Chalk up one more for the good guys.
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