Tedisco seeks extension for military and other overseas absentees

Republican congressional candidate Jim Tedisco today sent a letter to Gov. Paterson, the U.S. Department of Justice and the state Board of Elections seeking an additional 15 days for absentee ballots from military and other overseas voters to be received by county boards of elections in the 20th Congressional District. The current deadline is today, and this would extend it 15 days. Tedisco just told me that he is especially concerned about the military voters in combat zones, because if anyone's votes should be counted theirs should, and "There's no reason to shut it down today" when there is a widespread expectation that just counting the votes already in will take another two or three weeks.

The text of the letter follows below.

April 13, 2009

The Honorable Erik Holder

Attorney General

United States Department of Justice

950 Constitution Avenue, NW

Washington, DC 20530

The Honorable David Paterson

Governor

State Capitol

Albany, NY 12224

The Honorable James A. Walsh

The Honorable Douglas Kellner

New York State Board of Elections

40 Steuben Street

Albany,  NY 12207-2108

Dear Mssrs. Holder, Paterson, Walsh and Kellner:

As you are all aware, today is the deadline for the return of overseas UOCAVA ballots established by Consent Decree in United States v. New York (09-CV-335, Northern District of New York, Order entered March 26, 2009). 

On behalf of military and other overseas voters, I respectfully ask that you take immediate action to request additional time for the return of ballots by voters protected by UOCAVA.  Although no minimum time for return of ballots is provided for in UOCAVA, the Federal Voter Assistance Program of the Department of Defense recommends allowing 45 days from the time of sending overseas ballots to allow those ballots to be received and returned to election officials.

In this case, because of the nature of the special election held in the State of New York

on March 31, 2009, some counties sent their ballots out barely 18 days before the deadline.  The extension for the return of ballots provided for in the Consent Decree of March 26, 2009 to allow 30 days for return helps, but does not do everything that can be done to permit the postal system to return ballots cast by military and overseas voters to the counties in time to be included in the final results from this special election.

Such an extension is unlikely to further delay the final determination of the election results because many counties are still counting their absentee ballots, the counting of overseas UOCAVA ballots will not begin until at least April 14, 2009, and the normal process provided for under New York law for county board and judicial review of ballots is likely to last at least an additional two weeks.

Extensions for longer periods of time, as well as other additional measures, have been sought by the United States Department of Justice or approved by federal courts in other cases.  See United States v. Tennessee (M.D. Tenn., 08-00035, Consent Decree entered January 30, 2008) (permitting 40 days for mailing and return of ballots); United States v. Georgia (N.D. Ga., 04-2040, Filed January 28, 2004) (seeking approximately 45 days for mailing and return of ballots, and other measures to provide for timely return of military and overseas ballots); United States v. Connecticut (D. Conn., 06-1192, Stipulated Agreement filed August 2, 2006) (Stipulation allowing 45 days for return of some military and overseas ballots).

Because it may be that the votes of men and women in uniform, and other overseas citizens, could determine the outcome of this election it is imperative that the State of New York and the federal government do everything possible to ensure that the votes of these citizens are counted.

As a result, I respectfully ask that you request a modification of the March 26, 2009 consent decree to allow an additional 15 days for the return of overseas UOCAVA ballots. 

                                                                        Sincerely,

                                                                        James Tedisco

CC:  Christopher Coates, Chief of the Voting Rights Section

            Civil Rights Division

            United States Department of Justice

Comments

[Matthew]

"Tedisco just told me that he is especially concerned about the military voters in combat zones, because if anyone's votes should be counted theirs should-"

Which implies if military voters cast an absentee outside a combat zone, they shouldn't be counted. I wonder how GIs in Europe or the Pac Rim feel about that. LOL

[Bob Conner]

TypePad
It doesn't imply that.

[Mark Wilson]

What I find peculiar about this request is that the March 30 deadline for postmarking the absentee ballot would not be changed. By implication Tedisco doesn't trust the US military to get its mail back home within a two-week span. Now perhaps in a situation of open conflict where deliveries are delayed, suspended and lost would this be an issue. This combat zone by comparison is far more static, with supply and communication lines wide open. How many votes could we possibly be talking about?

[Brian]

Matt, it doesn't really differentiate between combat and non-combat soldiers, it differentiates between soldiers and other citizens. In addition to Tedisco's hacks disenfranchising Sundwall supporters, BOTH campaigns are challenging every single absentee ballot they possibly can. One article mentioned that at one place on one day, something like 40 of 65 absentees were challenged by the two campaigns. It's not that soldiers are UNIQUELY at risk of disenfranchisement. It's that glomming on to them makes for good PR for a candidate who's always been good at figuring out how to get it.

[Brian]

Since Tedisco has set the precedent that people should be disenfranchised on technicalities of comparable gravity, following that logic perhaps his request ought to be denied since he misspelled the name of Attorney General Eric Holder.