From Ballotpedia

The Military and Overseas Voter Empowerment (MOVE) Act is a federal law that is designed to improve the delivery of absentee ballots to members of the armed forces and Americans temporarily living overseas.

History

The MOVE Act was first introduced by the United States Senate on July 8, 2009 as Senate Bill 1415. The Act was reported favorably in Senate committee^[1].

Senate Bill 1415 was later merged into National Defense Authorization Act of 2010 (H.R. 2647). House Bill 2647 passed the House by a 389-22 vote on June 25, 2010. The Senate approved the bill on August 28, 2009 by a 68-29 vote. President Barack Obama signed the bill into law on October 28, 2009^[2].

The text of the MOVE Act is located in sections 575 to 589 of the National Defense Authorization Act of 2010^[3].

Key provisions

Electronic delivery

All states are required to use methods of electronic communication for sending election information, voter registration, and absentee ballot applications^[4].

Also, states are required to develop procedures for sending ballots electronically^[5].

45 day requirement

All states would have to send out absentee ballots no later than 45 days before the general election. States with primary elections scheduled in August and September of 2010 have had to apply for a waiver or change their primary election date in order to be in compliance with the law^[6].

Voter registration

Military and overseas voters would be required to re-register with their elections authority every year under the MOVE Act. Previous laws required military and overseas voters to re-register every two years^[6].

Waivers for 2010 elections

Requirements

Under the MOVE Act, states can apply for a one-time hardship waiver during the 2010 elections if they cannot comply with the law due to:

• Date of statewide primary election.
• State Constitution prohibits the state from complying with the requirements.

When applying for a waiver, a state must acknowledge the 45 day requirement is designed to give military and overseas voters more time to cast a ballot. Also, a state must disclose in its application why they cannot meet the requirements along with disclosing their current deadlines for sending out absentee ballots and having an action plan to ensure all military/absentee ballots will be counted^[7].

States pursuing waivers

For the 2010 election, Alaska, Colorado, Delaware, Hawaii, Maryland, Massachusetts, Rhode Island, Washington, D.C., Washington State, and Wisconsin applied for hardship waivers^[8].

On August 27, 2010, the U.S. Department of Defense granted waivers to Delaware, Massachusetts, New York, Rhode Island, and Washington State^[8]. Waivers were denied to Alaska, Colorado, Hawaii, Washington, D.C., and Wisconsin^[8]. Maryland originally applied for a waiver, but later withdrew its request^[9]

As a result of being accepted, Massachusetts Secretary of State William Galvin ordered all local elections officials to send out military and absentee ballots electronically after the general election ballot is set^[10].

Aftermath

After Colorado's application was denied, Secretary of State Bernie Buescher ordered all county clerks to comply with the 45 day requirement to the best of their ability. Members of the Wisconsin Government Accountability Board met on August 29, 2010, to discuss what steps it would take to be in compliance with the MOVE Act^[11].

Kevin Kennedy, Legal Counsel for the Government Accountability Board, did not rule out the possibility of appealing Wisconsin's application for a waiver. Kennedy claimed that U.S. Department of Defense did not look at other options the state made available for its military and overseas voters. Kennedy also said that Wisconsin would have to change its election calendar in 2012 to ensure full compliance with the MOVE Act^[12].

Despite Maryland dropped its application for a waiver, the decision was met with harsh criticism from former Governor Bob Elrich. The former Governor said Maryland's decision was "pitiful, embarrassing, disgraceful and disrespectful of soldiers from Maryland who are crawling through caves in Afghanistan."^[13].

The U.S. Department of Justice said that they would sue any state that does not voluntarily comply with the law after the Defense Department announced which states were granted and denied waivers^[12].

Compliance agreements/lawsuits

States under compliance agreements

The Wisconsin Government Accountability Board entered into a compliance agreement with the U.S. Department of Justice on September 10, 2010^[14]. The agreement would ensure Wisconsin would be in full compliance with the MOVE Act for the 2010 elections^[14].

The Alaska Secretary of State planned to extend certification deadlines for the statewide primary held on August 24, 2010, in order to send out ballots by the September 18, 2010 deadline. Colorado plans to be in full compliance with the MOVE Act by having 32 out of 64 counties sending out military and overseas ballots via email using a PDF file format. Elections officials would have to hand-count the ballots in order to be included in the official tally^[14].

The US Justice Department has also entered into agreements to extend the deadline for sending or turning in military and overseas ballots in Colorado, District of Columbia, Hawaii, Nevada, North Dakota, New Mexico, and the U.S. Virgin Islands^[15].

Illinois investigation

Officials for the Illinois State Board of Elections confirmed on October 14, 2010, that they were under investigation by the U.S. Justice Department over compliance issues. A report issued by WLS-TV found that 26 counties in Illinois did not send out military and overseas ballots by the September 18, 2010 deadline^[16]. The report found that most of counties that did not comply with the deadline was were in Downstate Illinois^[17]. An elections official in St. Clair County, Illinois admitted that military ballots were not sent out until October 4, 2010, because the county was waiting for a judge to rule on a ballot access lawsuit filed by the Constitution Party. ^[18]

Pat Brady, the Chairman of the Illinois Republican Party, has threatened to file a lawsuit if he feels the U.S. Department of Justice is not extending the deadline to turn in military and overseas ballots^[18]

See also

• Voting Rights Act

External links

• Overseas Vote Foundation Page on the MOVE Act
• Text of the MOVE Act-Sections 575 to 589

References