Editorials: Analyzing a “Voting Wars” Trifecta | Election Law @ Moritz

Yesterday was a big day in what Rick Hasen has aptly called The Voting Wars. There were three major developments. First, in the wake of increasingly vociferous criticism from Democrats and civil rights organizations (and the New York Times editorial page), Ohio’s Republican Secretary of State, Jon Husted, issued a directive requiring all 88 counties in the state to offer in-person early voting for the same specified days and hours, thereby prohibiting any county from offering fewer or more times when in-person early voting would be available. Second, a federal trial court in Ohio heard the Obama campaign’s challenge to the State’s early voting regime insofar as it permits military voters, but not others, to cast in-person ballots on the Monday immediately before Election Day. The Obama campaign’s lawsuit had assumed that in-person early voting would also be available for military voters, but not others, during the weekend immediately preceding Election Day; but Husted’s new directive appears to eliminate that possibility.

Ohio: Early voting dispute goes to federal court | Lancaster Eagle Gazette

It doesn’t take much to start a political spat in Ohio, where jockeying for every presidential vote is practically blood sport. The latest pits President Barack Obama’s campaign against groups representing military voters, an uncomfortable place for the commander in chief. At issue is the legality of an Ohio law cutting three days from the early-voting period for everyone, except members of the armed forces and Ohioans living overseas. The dispute reached federal court Wednesday, thanks to what the Obama campaign describes as its first lawsuit anywhere in the nation for the 2012 election. U.S. District Judge Peter Economus in Columbus listened to arguments from both sides but issued no decision. He gave no time frame for a decision, saying only that he would take the matter under advisement. Put simply, both political parties see looser rules for early voting as an advantage for Obama because they might encourage minorities, young people and other harder-to-reach voters to cast a ballot. Military votes are thought to lean Republican.

Ohio: Campaigns spar over Ohio election law | The Crescent News

It doesn’t take much to start a political spat in Ohio, where jockeying for every presidential vote is practically blood sport. The latest pits President Barack Obama’s campaign against groups representing military voters, an uncomfortable place for the commander in chief. At issue is the legality of an Ohio law cutting three days out of the early-voting period for everyone except members of the armed forces and Ohio citizens living overseas. The dispute reaches court today, thanks to what the Obama campaign describes as its first lawsuit anywhere in the nation for the 2012 election. Put simply, looser rules for early voting are seen by both political parties as an advantage for Obama because they may encourage minorities, young people and other harder-to-reach voters to cast a ballot. Military votes are thought to lean Republican.

Ohio: Democrats, Republicans fight in federal court over voting rights | The Columbus Dispatch

If active military members are allowed to vote on the three days prior to Election Day, then everyone should have that right, Democrats argued in federal court this morning. But those representing some military groups and two of the state’s top Republican officials say the law already treats military voters differently, and having different cut-off dates for in-person early voting is justifiable. William Consovoy, an attorney representing Secretary of State Jon Husted, noted, for example, that military members get their absentee ballots earlier than the rest of Ohioans. “There is an easily rational basis for providing special accommodations for the military,” Consovoy said. “And that is all that is required.” Democratic lawyers, including those from the Obama campaign, slogged it out for nearly 90 minutes with Republican counsel over whether it’s constitutional for the state to allow military voters to cast in-person ballots on the Saturday through Monday before Election Day, when no one else can do so. In recent elections, all Ohioans could vote early on those three days, and Democrats estimate 93,000 cast in an in-person ballot on those days in the 2008 presidential election.

Ohio: Limit on early voting in Ohio sparks campaign dispute, with military voters at center | The Washington Post

It doesn’t take much to start a political spat in Ohio, where jockeying for every presidential vote is practically blood sport. The latest pits President Barack Obama’s campaign against groups representing military voters, an uncomfortable place for the commander in chief. At issue is the legality of an Ohio law cutting three days out of the early-voting period for everyone except members of the armed forces and Ohio citizens living overseas. The dispute reaches court Wednesday, thanks to what the Obama campaign describes as its first lawsuit anywhere in the nation for the 2012 election. Put simply, looser rules for early voting are seen by both political parties as an advantage for Obama because they may encourage minorities, young people and other harder-to-reach voters to cast a ballot. Military votes are thought to lean Republican.

Ohio: Early Voting Cutbacks Disenfranchise Minority Voters | The Nation

On Election Day 2004, long lines and widespread electoral dysfunctional marred the results of thepresidential election in Ohio, whose electoral votes ended up handing George W. Bush a second term. “The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters,” found a post-election report by Democrats on the House Judiciary Committee. According to one survey, 174,000 Ohioans, 3 percent of the electorate, left their polling place without voting because of the interminable wait. (Bush won the state by only 118,000 votes). After 2004, Ohio reformed its electoral process by adding thirty-five days of early voting before Election Day, which led to a much smoother voting experience in 2008. The Obama campaign used this extra time to successfully mobilize its supporters, building a massive lead among early voters than John McCain could not overcome on Election Day. In response to the 2008 election results, Ohio Republicans drastically curtailed the early voting period in 2012 from thirty-five to eleven days, with no voting on the Sunday before the election, when African-American churches historically rally their congregants to go to the polls. (Ohio was one of five states to cut back on early voting since 2010.) Voting rights activists subsequently gathered enough signatures to block the new voting restrictions and force a referendum on Election Day. In reaction, Ohio Republicans repealed their own bill in the state legislature, but kept a ban on early voting three days before Election Day (a period when 93,000 Ohioans voted in 2008), adding an exception for active duty members of the military, who tend to lean Republican. (The Obama campaign is now challenging the law in court, seeking to expand early voting for all Ohioans).

Ohio: Fact check: Obama not trying to curb military early voting | USAToday.com

Mitt Romney wrongly suggests the Obama campaign is trying to “undermine” the voting rights of military members through a lawsuit filed in Ohio. The suit seeks to block state legislation that limited early voting times for nonmilitary members; it doesn’t seek to impose restrictions on service members. In an Aug. 4 Facebook posting, Romney called the lawsuit an “outrage,” and said that “if I’m entrusted to be the commander-in-chief, I’ll work to protect the voting rights of our military, not undermine them.” He painted the court filing as an attack on the ability of service men and women to vote: “The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote.” Conservative blogs and opinion pieces have also misrepresented the case, claiming in headlines that President Obama was suing to “restrict military voting.” A fundraising email appeal from a group called Special Operations Speaks — which wants to “remove Barack Obama from the White House” — wrongly says that Obama “deploys army of lawyers to suppress military’s voting rights,” claiming that “Obama needs the American military to not vote, so he has set out to make it as difficult as possible for them to do so.” But that’s not what the Obama lawsuit aims to do at all.

Ohio: Obama Campaign Opens Can of Worms with Ohio Early Voting Lawsuit | NationalJournal.com

When the Obama campaign filed suit to restore three days of early voting in Ohio the weekend before the election, it was supposed to be about increasing access for the thousands of Ohioans expected to take advantage of those final 72 hours to cast their ballots. But the campaign has inadvertently stepped into a minefield, aggravating a group that no commander-in-chief wants to upset — military voters, who fear they could lose access to other special accomodations if Obama and the Democrats prevail. The campaign filed its lawsuit after the Republican-controlled Ohio Legislature eliminated early voting on the Saturday, Sunday, and Monday before the election — except for military personnel. With Ohio’s 18 critical electoral votes at stake, the Obama campaign, in conjunction with the Democratic National Committee and the Ohio Democratic Party, decided to challenge the cutoff. The argument is straightforward on its face: All Ohioans deserve to be able to vote on those three final days. The legal argument is that if active-duty military service members can vote the weekend before Election Day, that right should be extended to all eligible Ohioans under the Constitution’s equal-protection clause. “Whether caused by legislative error or partisan motivation, the result of this legislative process is arbitrary and inequitable treatment of similarly situated Ohio voters with respect to in-person early voting,” the complaint reads.

Ohio: Commission: Only Ohio Distinguishes Military, Civilian Early Voters | BuzzFeed

Despite claims that Democrats’ challenge to an Ohio voting law would undermine military voters’ rights everywhere, no other states offer soldiers’ the special status afforded in Ohio. A report issued Aug. 1 by the nonpartisan Ohio Legislative Service Commission found that no other states have any legal provision that has one early in-person voting deadline for most voters and another for service members, as does the Ohio law being challenged by the Obama campaign and defended by Ohio Republicans and some fraternal military organizations. The report, which has not been released publicly, was obtained by BuzzFeed and has been published here for the first time. The report does note that two states — Indiana and North Carolina — have exceptions in their laws that would allow a very narrow subset of service members to vote early in-person later than other voters. The Obama campaign’s lawsuit in Ohio, in which it is joined by the Democratic National Committee and the Ohio Democratic Party, is about early voting. The specific laws being challenged, however, relate only to in-person early voting and not to traditional mail-in absentee voting, which clearly cuts down on the number of affected active service members. Ohio law, as it is slated to be run in this year’s presidential election, contains one end-point for early in-person voting for most voters (the Friday before the election) and another for those service members and their family voting under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

Ohio: Romney Camp Still Wouldn’t Say If Veterans, Firefighters, Cops Deserve Early Voting Rights | TPM

Days after falsely accusing the Obama campaign of working to restrict the voting rights of members of the military, the Romney campaign still won’t say whether they believe Ohio cops, firefighters and veterans are worthy of early voting rights. The Romney campaign has failed to respond to multiple inquires from TPM on whether they believe Ohio veterans, cops and firefighters should also be allowed to vote in-person during the three days before an election. Joe Davis, a spokesman for the Veterans of Foreign Wars, told TPM that the VFW doesn’t see the Obama campaign’s suit as a veterans’ issue, but said the VFW wouldn’t object to veterans (and the general public) being allowed to vote in the three days before the election. “The way we read the actual suit was, they wanted to match it to allow the rest of the Ohio citizens to early vote in-person up until the Monday before the election on Tuesday,” Davis said.

Ohio: Military Groups’ Argument About Obama Voting Lawsuit “Extremely Misleading,” Prof Says | BuzzFeed

The Obama campaign’s lawsuit to expand early, in-person voting in Ohio for all voters back to the 2008 presidential election rules hit a snag when fraternal military groups opposed the lawsuit because of the claimed possible future impact a ruling in the case could have on military voting. At that point, the Romney campaign jumped in — and Obama advisor David Axelrod was left defending the campaign’s lawsuit to Chris Wallace on Fox News on Sunday. Captain Sam Wright, a retired members Navy Judge Advocate General Corps who heads the Reserve Officers’ Association’s Service Members Law Center, told BuzzFeed on Sunday, “It MUST be constitutional to make accommodations for military voters that are not made for voters generally.” University of Florida law professor and former Air Force officer Diane Mazur emailed in to disagree. Of the fraternal military groups opposing the Obama campaign’s lawsuit, Mazur tells BuzzFeed, “Their arguments are extremely misleading and also damaging to military professionalism.”

Voting Blogs: Veterans: Romney Lying About Obama Suit’s Effect On Military Voters | TPM

Several veterans slammed Mitt Romney on Monday for opposing and mischaracterizing an Obama campaign lawsuit which would expand early voting rights to veterans, cops, firefighters and all Ohio voters. Romney had claimed — falsely — that the Obama campaign opposed allowing members of the military and their families to vote in-person in the three days before the election. Actually, the Obama campaign wants all people in Ohio — including, for example, veterans, cops and firefighters — to be able to vote during that period. The Romney campaign has not responded to TPM’s multiple requests for comment on whether they believe Ohio firefighters and cops are worthy of early voting rights. “When it comes to Mitt Romney, I feel like he lives in bizarro world,” Iraq veteran and former Rep. Patrick Murphy (D-PA) told reporters in a conference call organized by the Center for American Progress on Monday. “He’s suppressing millions of votes across our country in this election, and then he lies and says that President Obama is trying to do the same thing, when it couldn’t be further from the truth.” Murphy said Romney’s opposition to the lawsuit was part of a coordinated effort to suppress the vote.

Voting Blogs: Should We Have VIP Lanes for Military Voters? | Diane Mazur/Election Law Blog

The Obama campaign has challenged an Ohio law that extends the early voting period for members of the military, but not for civilians.  The focus is on the three days right before Election Day.  Under the new law, service members stationed in Ohio can continue to vote in person on Saturday, Sunday, and Monday before the election, but civilians can cast early votes only through Friday.  When the Obama campaign asked a federal court to open the full early voting period to all voters, Mitt Romney accused the President of trying to undermine military voting rights. Republicans said the lawsuit questioned whether it was constitutional to ever make accommodations for military voters.  This characterization is inaccurate, and silly.  There is a long history of accommodation for military and overseas citizens to vote by absentee ballot (for example, the federal Uniformed and Overseas Citizens Absentee Voting Act), and this is a settled understanding. The Ohio law is the first, as far as I know, to grant extra voting privileges to service members voting in person, not by absentee ballot.  The Obama campaign is not arguing that service members are never entitled to accommodation based on the unpredictable circumstances of their assignments, but only that it is arbitrary to hold “military-only” voting days when all voters are physically present and able to vote in person.  If the election offices are going to be open, we should let everyone in the door.

Editorials: A Détente Before the Election – Voter Fraud and Manipulation of Election Rules | Rick Hasen/NYTimes.com

Does voter fraud sometimes happen in the United States? You bet.  But we are dealing with this relatively small problem in an irrational and partisan way. In a 1996 primary in Dodge County, Ga., rival camps for county commissioner set up tables at opposite ends of the county courthouse and bid for voters’ absentee votes in what a county magistrate later called a “flea market” atmosphere. Recently, officials in Cudahy, Calif., admitted intercepting absentee ballots and throwing out ballots not cast for incumbents. Every year we see convictions for absentee ballot fraud. Not a lot, but enough to know it’s a problem. So you might think that Republicans, newly obsessed with voter fraud, would call for eliminating absentee ballots, or at least requiring that voters who use them show some need, like a medical condition. But Republicans don’t talk much about reining in absentee ballots. Eliminating them would inconvenience some voters and would likely cut back on voting by loyal Republican voters, especially elderly and military voters. If only Republicans would apply that same logic to voter-identification laws. The only kind of fraud such ID laws prevent is impersonation: a person registered under a false name or claiming to be someone else on the voter rolls. I have not found a single election over the last few decades in which impersonation fraud had the slightest chance of changing an election outcome — unlike absentee-ballot fraud, which changes election outcomes regularly. (Let’s face it: impersonation fraud is an exceedingly dumb way to try to steal an election.)

Ohio: Obama Campaign Called Ohio Decision On Early Military Voting “Appropriate” In Lawsuit | Buzzfeed

The Obama campaign said in a lawsuit drawing attention this weekend that the Ohio Secretary of State “appropriately” allowed a longer time period for early, in-person voting among members of the military and their families — a line that contradicts suggestions that the suit opposes early voting for servicemembers. The lawsuit — filed more than two weeks ago by the Obama campaign, Democratic National Committee and Ohio Democratic Party — has become a target of the Romney campaign, with Spokesman Ryan Williams telling BuzzFeed that Obama’s campaign “sued Ohio to object to the three extra days the state is giving military voters and their families during Ohio’s in-person early voting period.” Fox News went further, reporting that the lawsuit aims to “block a new state law allowing men and women in uniform to vote up until the Monday right before an election.” In fact, the lawsuit is addressing what it calls “a confused legislative process” surrounding the passage of three voting laws in a short period in Ohio. The effect of those laws is: (1) in-person early voting in Ohio ends for most voters on the Friday before the election and (2) two conflicting deadlines regarding the end of in-person early voting for those voting under the auspices of the Uniformed and Overseas Citizens Absentee Voter Act, which includes servicemembers and their families.

Michigan: Justice Department sues Michigan for failure to send absentee ballots in time to military, overseas voters | MLive.com

The U.S. Justice Department sued the state Tuesday, seeking an order requiring that hundreds of military and overseas voters who did not receive absentee ballots on time be given more time for their votes to be counted. The lawsuit – predicted late last week by Republican Secretary of State Ruth Johnson – was filed in the Grand Rapids federal courthouse. Johnson had warned that 70 of more than 1,500 local clerks did not mail or email absentee ballots to military and overseas voters on time. More than 200 others did not give the state a status update on whether they had met the 45-day deadline to do so before the Aug. 7 primary election. As of Tuesday, the number of non-responders had dropped to 24. Federal attorneys also are seeking to make sure all absentee votes are counted for the Sept. 5 special primary election in the 11th Congressional District in suburban Detroit. “Americans have fought and died for the right to vote,” said Patrick Miles, U.S. attorney for the Western District of Michigan. “We must ensure eligible voters have the opportunity to cast their vote and for it to count.”

Voting Blogs: Obama, Democrats suing to block military voting in Ohio? Update: No | Hot Air

Well … maybe, but that depends on what remedy the lawsuit demands.  The DNC, Ohio Democrats, and the campaign for Barack Obama’s re-election have indeed filed a lawsuit in Ohio over an exception for early voting for members of the military and civilians overseas, claiming it sets up an unconstitutionally “disparate” treatment from other voters.  But does that mean eliminating the exception altogether, or extending it to everyone? … Breitbart’s Mike Flynn and these military groups assume that the lawsuits intend to restrict access to the military to the Friday deadline, the same as everyone else in Ohio. …  But is the remedy sought by Democrats to force members of the military to adhere to the Friday deadline, or to eliminate the deadline altogether?  Neither the KTVU nor theBloomberg reports make it clear what remedy the plaintiffs seek — and that’s really the crux of the issue here.

National: State systems for overseas voters vulnerable | USAToday.com

States trying to make it easier for troops overseas to vote have set up voting systems that are vulnerable to hacking when they allow voters to return ballots online, via e-mail, or Internet fax, says a state-by-state report to be released today. The report, Counting Votes 2012, by the Verified Voting Foundation and Common Cause Education Fund, says all states should require overseas ballots to be mailed because even faxed ballots can’t be independently audited. “They’re trying to do a calculus and make it easy for the voter, and they may not realize the great risk they’re putting those votes at,” says Pam Smith of the Verified Voting Foundation, a group that advocates accuracy and verifiability of election returns. The report also rates states on their ability to accurately count votes, and it warns that progress away from paperless voting — which leaves nothing to recount in a dispute — has been halted by the lagging economy.

National: Overseas voting in 24 states vulnerable to hackers | Fox News

Few could forget the weekslong hubbub over vote-counting in Florida in 2000 that led to a recount, a Supreme Court ruling and a national debate about the veracity of the system by which voters cast their ballots. But 12 years later, the voting system is still far from fail-proof, according to a state-by-state report released Wednesday. Almost half of states use voting systems for overseas and military voters that could be susceptible to hackers, says the report by Rutgers Law School and two good-governance groups: Common Cause Education Fund and the Verified Voting Foundation. Dozens of states lack proper contingency plans, audit procedures or voting machines that produce backup paper records in case something goes wrong. Colorado, Delaware, Kansas, Louisiana, Mississippi and South Carolina are least prepared to catch problems and protect voter enfranchisement, the study showed. Minnesota, New Hampshire, Ohio, Vermont and Wisconsin are in the best shape.

Michigan: Absentee ballot waiver sought for McCotter special election | The Detroit News

Absentee ballots for the special election to fill U.S. Rep. Thaddeus McCotter’s term were sent out Monday, a day later than allowed by federal rules. State elections officials are working with the U.S. Justice Department to get a waiver of the 45-day rule mandating how long before an election the ballots must be sent out. “The Justice Department is (very) strict on the 45 days,” State Elections Director Chris Thomas told the Board of State Canvassers on Monday. After the meeting, Thomas said there is a provision in the federal law for the Department of Justice to grant a waiver to the 45-day rule. Thomas told board members his office is “in discussions” with the Justice Department about a waiver. The tight timeframe is the result of McCotter’s resignation from Congress after a petition signature scandal. Gov. Rick Snyder’s office set Sept. 5 as the date of a special primary election to fill the remainder of McCotter’s term.

National: States praised, others faulted, for policies toward military voters | KansasCity.com

With both a tradition of helping service members get their votes counted as well as a tight turnaround between its primary and general elections this year, Washington state officials decided to move up its primary date a few weeks, from late August to early August. The Military Voters Protection Project, a nonpartisan advocacy group, cited that schedule adjustment as an impressive effort to help ensure that the ballots of those serving in war zones are counted, and on Tuesday named Washington among 15 states that make extraordinary efforts to enfranchise military voters. The group noted state efforts to register service members to vote, to meet obligations to get absentee ballots out at least 45 days before elections, and legislative efforts to make good practices into law. The project says that less than 20 percent of 2.5 million military voters were able to request and return their absentee ballots in 2008 elections, and that in 2010 only 5 percent of military voters were able to successfully vote by absentee ballot. Those states making the list of 15 “all-stars” include Alaska, Florida, North Carolina, Texas and Washington. Eric Eversole, executive director of the military voter project, identified the states doing the worst job at helping military voters as Alabama, California, Illinois, New York and Wisconsin.

Wisconsin: Election clerks once again miss federal absentee ballot deadline | Wisconsin Reporter

More than three dozen local election clerks appear to have missed a federally mandated deadline for sending out absentee ballots to military and overseas voters, according to the Government Accountability Board. Election officials had until this past Saturday to send out ballots requested by military and overseas voters who want to vote in the Aug. 14 primary in which Republicans will choose a U.S. Senate candidate to face the Democratic candidate, U.S. Rep. Tammy Baldwin, in the race to replace retiring U.S. Sen. Herb Kohl. The number of clerks who missed the deadline may change, as some 265 municipal clerks still haven’t told the GAB if they had any ballot requests, and GAB staff believe that some of the clerks who did respond to a survey might have responded incorrectly. But it nevertheless marks another in a string of elections in which Wisconsin has failed to comply with the federal Military and Overseas Voter Empowerment Act.

National: Pentagon Reverses Course on American Voters Living Abroad | NYTimes.com

Responding to the vocal concerns of American expatriates, the Pentagon agency responsible for overseas voting has agreed not to enforce a requirement for voters requesting absentee ballots to state categorically that they either intend to stay abroad indefinitely or not. In a separate development, the U.S. Internal Revenue Service said that it would make it easier for American citizens abroad who have not been filing tax returns — some from ignorance of new requirements — to meet their legal obligations if they owe little or no taxes. Expatriate groups applauded both developments. They had been fighting the ballot requirement, saying its black-or-white language could put overseas Americans in an untenable position and might dissuade some from voting. The groups have also complained about tough — and they say sometimes unfair — new I.R.S. enforcement of tax laws for those living abroad. Susan Dzieduszycka-Suinat, who heads the nonpartisan Overseas Vote Foundation, called the Pentagon’s decision “a huge win for overseas citizens” and praised the agency for responding to voters’ concerns.

National: Tens of thousands of service members’ votes not counted | TheState.com

Tens of thousands of military service members attempting to vote by absentee ballot in recent years haven’t had their votes counted because of various problems with the system, according to authorities that track voter participation. The Military Voter Protection Project, an organization founded by a Navy Reserve member who previously was a Justice Department lawyer, is promoting efforts to ensure that the votes of all military members are counted. “The problem has always existed, given the high degree of mobility of our fighting forces,” said Eric Eversole, founder and executive director of the Military Voter Protection Project, a nonprofit organization based in Washington, D.C. But the issue is a bigger concern during a presidential election year with a military force totaling more than 3 million, including active-duty and reserve forces.

Georgia: Justice Department challenges Georgia on military, overseas ballots | ajc.com

The federal government has sent a letter to Georgia officials saying the state’s schedule for runoff elections violates federal law on military and overseas absentee ballots and threatening a lawsuit if the matter isn’t resolved quickly. U.S. Assistant Attorney General Thomas Perez on June 15 sent the letter to Attorney General Sam Olens and Secretary of State Brian Kemp. Olens’ office declined to comment on the letter, but Kemp said the state is in the middle of the primary election and doesn’t intend to make changes suggested by federal officials. Runoff elections are required in Georgia if no candidate earns more than 50 percent of the vote. Federal law requires that absentee ballot be sent to military and overseas residents at least 45 days before federal elections, including runoffs, the letter says.

Georgia: DOJ: Runoff election dates violate federal law on military and overseas absentee ballots | The Republic

The federal government has sent a letter to Georgia officials saying the state’s schedule for runoff elections violates federal law on military and overseas absentee ballots and threatening a lawsuit if the matter isn’t resolved quickly. U.S. Assistant Attorney General Thomas Perez on June 15 sent the letter to Attorney General Sam Olens and Secretary of State Brian Kemp. Olens’ office declined to comment on the letter, but Kemp said the state is in the middle of the primary election and doesn’t intend to make changes suggested by federal officials. Runoff elections are required in Georgia if no candidate earns more than 50 percent of the vote. Federal law requires that absentee ballot be sent to military and overseas residents at least 45 days before federal elections, including runoffs, the letter says. Georgia’s state primary runoff is scheduled for three weeks after the state primary election, and Georgia’s general election runoff is scheduled for four weeks after the general election. Both of those elections have federal offices on the ballot, and the time between the election and the runoff is less than 45 days in both cases.

California: Eleven California counties miss deadline to send ballots to overseas, military voters | North County Times

Elections officials throughout California missed a deadline to send 8,250 ballots to overseas and military voters for next week’s presidential primary, prompting a lawsuit and swift settlement over the weekend between the state officials and the U.S. Department of Justice. Eleven of the state’s 58 counties violated the Uniformed and Overseas Citizens Absentee Voting Act by failing to send ballots to voters abroad on April 21 – 45 days before the primary. While about 5,450 of the late ballots were sent out within two days of missing the deadline, some were delayed as much as a week. On Saturday, the U.S. Department of Justice filed a lawsuit [PDF] against California for missing the deadline, but Secretary of State Debra Bowen reached an agreement on the matter that same day, federal officials said. As part of the settlement, the secretary of state’s office will hold training sessions with at least one election official in each county before the general election in November.

National: Federal bill would simplify absentee voting for troops | Army Times

One absentee ballot request from military and overseas voters would be good for an entire election cycle, under legislation introduced Friday in the House of Representatives. The bill, HR 5828, is aimed at clarifying confusion created in a 2009 overhaul of the Uniformed and Overseas Citizens Absentee Voting Act. The change can be interpreted as requiring separate absentee ballot requests for primary and general elections.

California: Every Vote Counts — Except When the Post Office Is on the Brink | East Bay Express

This afternoon, the National Association of Letter Carriers will be hitting the streets (the streets identified here in a delightful chart) to defend the post office. There’s another nationwide demonstration called Occupy the Post Office organized by Community and Postal Workers United set for April 17. There’s reason to demonstrate. Currently, 223 post office processing centers nationwide are slated to close starting this summer, and 14 of those are in California — including the one in Petaluma, which means all North Bay mail will be headed to the Oakland processing center. Petaluma is 47.5 miles away from Oakland, and not all the Petaluma mail clerks will be financially fit enough to travel the distance. 229 positions will be lost, and mail in the Oakland processing center could pile up. So, that’s a problem. Not just for citizens, or for mail carriers, but for the entire vote-by-mail system. Voters can no longer expect their ballots to arrive overnight once the consolidations take place — or, worse, they’lll expect their ballot to arrive overnight, and then it won’t.

Hawaii: Federal Lawsuit Filed Friday Challenges 2012 Reapportionment Plan | Hawaii Reporter

The State of Hawaii has a long history of refusing to count military personnel and their families for purposes of reapportioning the Hawaii State Legislature. A lawsuit filed today asks a three-judge federal court to enforce the Equal Protection Clause of the U.S. Constitution and require the State to count all residents of Hawaii. The 2010 U.S. Census reported 1,360,301 residents as the total resident population of Hawaii. The Census includes military personnel, military families and students as residents of Hawaii. It also counts minors, non-citizens, and incarcerated felons. In 1965, in Burns v. Richardson, the U.S. Supreme Court upheld Hawaii’s use of its count of registered voters as the population basis for apportionment, a population base which effectively excluded low-registration groups such as military personnel and students, many of whom were below the pre-26th Amendment voting age of 21. Contrary to popular opinion, the Burns case does not permit the State to ignore military personnel and their families. The Court allowed counting only registered voters because there was no evidence doing so would result in apportionment substantially different from that which would have resulted if the State had simply counted everyone.