Virginia Military Absentee Ballots Must be Counted

Virginia Attorney General Bob McDonnell has issued a formal opinion concluding that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted.

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..."

This directive was delivered to all of Virginia's State Boards of Elections on Monday.

 

The controversy began last week when Fairfax County voter registrar Rokey Suleman set aside hundreds of military ballots for rejection based on his conclusion that the Federal Write-in Absentee Ballot, or FWAB, should have a witness address accompanying the signature. The state of Virginia did not instruct Virginia soldiers to provide this witness address nor does the federal form provide space for it.

Concerns over partisanship were raised as Suleman founded a Young Democrat group in Ohio and unsuccessfully ran for office as a Democrat earlier this year. His insistence on rejecting military ballots on a hyper-technicality -- ballots that trend Republican -- coupled with his voter drive in the county jails this year -- votes that trend toward Democrats -- Suleman recently raised the ire of this Northern Virginia community with his blatant rejection of hundreds of military ballots.

Sam Wright, retired Naval Jag officer and director of the National Defense Committee's efforts to protect our military's votes, got involved in this effort and was very grateful for the decision. "Thank you, Attorney General McDonnell, for going to bat for the brave young men and women who are away from home and willing to lay down their lives for our rights including our right to vote," Wright said.

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