United States v. State of New York (N.D.N.Y.)
On March 23, 2009, the United States filed a
complaint against the State of New York alleging violations of the Uniformed and Overseas Citizens Absentee Voting Act. The suit was filed to ensure that eligible
absent uniformed services voters and overseas voters would have a reasonable
opportunity to have their ballots counted in New York's March 31, 2009 special election to fill a vacancy in the State's 20th Congressional District and in future special elections. On March 25, 2009, the parties filed, and the district court entered, a
consent decree which remedied the UOCAVA violation caused by election officials' failure to send absentee ballots to overseas voters in sufficient time to permit their timely return. The consent decree provided extra time for the receipt and counting of ballots, including federal write-in absentee ballots, for the March 31 special election. The agreement also requires that the State determine, in consultation with the United States, the need for permanent changes to State law or procedures to ensure UOCAVA compliance in all future special elections for federal office.
United States v. State of Alabama (M.D. Ala.)
On November 19, 2008, the Department filed a complaint against the State of Alabama for violations of the Uniformed and Overseas Citizens Absentee
Voting Act. The complaint alleges that the State has failed to collect and the report information on the number of military voters and overseas citizens who are sent ballots,
return them and have successfully cast ballots in each Federal general election.
United States v. Commonwealth of Virginia (E.D. Va.)
On October 15, 2009, the court granted summary judgment for
the United States in a case against the Commonwealth of Virginia under the Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA). The court held that the Commonwealth violated UOCAVA by
failing to mail absentee ballots to eligible uniformed service members and overseas citizens
thirty days or more before the November 4, 2008 general federal election.
On November 14, the Department filed a motion to intervene and a
complaint in intervention in McCain-Palin 2008,
Inc. v. Cunningham, et al. claiming that the Commonwealth of Virginia failed to send absentee
ballots in a timely manner to military and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA). After a hearing on November 17, the Court granted the
United States’ motion to intervene, and dismissed Plaintiff McCain-Palin 2008, Inc. for lack of standing.
The Court ordered that Defendants must continue to preserve absentee ballots that arrive after Virginia’s
ballot return deadline until the issue of whether Defendants have violated UOCAVA has been resolved.
United States v. State of Vermont (D. Vt.)
On October 10, 2008, the Department filed a complaint against the State of Vermont for violations of the Uniformed and Overseas Citizens Absentee
Voting Act. The complaint alleges that the State has failed to collect and the report information on the number of military voters and overseas citizens who are sent ballots,
return them and have sucessfully cast ballots in each Federal general election.
United States v. State of Tennessee (M.D. Tenn.)
On January 28, the Department filed a complaint and
simultaneously filed a consent decree with the State of Tennessee for violations of the Uniformed
and Overseas Citizens Absentee Voting Act. The lawsuit was necessary after many counties in the
State failed to mail requested absentee ballots to Tennessee's military and overseas citizens
in sufficient time for them to vote in the federal primary election. The availability of ballots
was delayed by difficulties stemming from the State's decision to move the primary date to February 5.
The consent decree was entered by the federal district court
on January 30.
United States v. State of Connecticut (D. Conn.)
On August 1, 2006, the United States filed a complaint against
the State of Connecticut alleging violations of compliance with the Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA). On August 2, the district court entered a
stipulated agreement in United States v. State of Connecticut
(D. Conn.). The suit was brought to ensure that absent uniformed services voters and
overseas voters, who are otherwise qualified to vote in Connecticut's federal primary
election on August 8, and in future federal elections, would have an opportunity to have
their ballots counted. The stipulated agreement resolved the State's UOCAVA violation
for the August 8 primary. The agreement provides for use by UOCAVA voters of the
Federal Write-in Absentee Ballot and extra time for the receipt and counting of ballots
from UOCAVA voters for the August 8 primary. The agreement also requires that the
Secretary of the State work with the Department to develop procedures to ensure
compliance with UOCAVA in future elections for federal office.
United States v. State of North Carolina (N.D.N.C.)
On March 16, 2006, the United States filed a complaint and
consent decree to ensure that absent uniformed services voters and overseas voters would have an
opportunity to have their ballots counted in the state's scheduled 2006 federal primary run-off election
and in future run-off elections. On March 21, 2006 the court entered a
consent decree which remedied the UOCAVA claim
for the May 2006 primary cycle. On December 18, 2006, the court entered the parties' agreed
dismissal of the consent decree after North
Carolina enacted legislation that provides permanent relief for future elections. The
legislation expanded the time between primary and run-off elections from 4 to 7 weeks and
extended voters' opportunity to send and receive absentee ballots via facsimile to all
categories of voters protected by UOCAVA.
United States v. State of Alabama (M.D. Ala.)
On March 9, 2006, the United States filed a complaint
to ensure that absent uniformed services voters and overseas voters would have an opportunity
to have their ballots counted in the state's scheduled 2006 federal primary run-off
election and in future run-off elections. On June 5, 2006, the United States filed a
Notice of Dismissal, after Alabama enacted legislation
to provide a permanent remedy for the violation alleged. The legislation extended the time
between primary and run-off elections to 6 weeks, and allowed UOCAVA voters' ballots to be
received and counted until noon on the seventh day after the run-off election.
United States v. State of Georgia (N.D. Ga.)
On July 13, 2004, the United States filed a complaint
to address the late mailing of absentee ballots to overseas voters by Georgia counties in advance
of the 2004 primary election. The complaint also sought relief to ensure UOCAVA voters could
vote in the run-off elections in 2004 and future federal elections. On July 20, 2004,
the court granted preliminary relief that the United States
requested by extending the deadline for receipt of absentee ballots from overseas voters, and
other relief applicable to both primary and primary run-off elections. On July 25, 2005, the
Court entered a Stipulation and Order of Dismissal
and memorandum of understanding after Georgia enacted legislation that provided for
permanent relief for future elections.
United States v. State of Pennsylvania
On April 15, 2004, the United States filed a complaint to address
the late mailing of absentee ballots to overseas voters by Pennsylvania counties in
advance of the federal primary election of April 27. On April 16, 2004, the court granted
preliminary relief extending the deadline for receipt of
absentee ballots from overseas voters by more than three weeks to May 17. On July 31, 2006, the
court entered a stipulation and
order of dismissal and memorandum of understanding
after Pennsylvania enacted legislation that provided for permanent relief.
United States v. State of Oklahoma (W.D. Okla. 2002)
On September 12, 2002, the United States filed a complaint
and consent decree to enforce the rights of overseas voters in Oklahoma
to vote by absentee ballot in the September 17, 2002 federal primary run-off election. The
suit alleged that there was insufficient time after the August 27 primary election for overseas
voters to receive, cast, and return absentee ballots by mail in time to be counted for the
run-off election. The consent decree, approved by the court on September 12 extended the
deadline for receipt of absentee ballots from overseas voters in the run-off election by
fourteen (14) days. Oklahoma subsequently enacted legislation providing for
permanent remedies, and in 2003, the parties filed an agreed
motion to dismiss the suit.
United States v. State of Texas (W.D. Tex. 2002)
On March 22, 2002, the United States filed a complaint to
enforce the rights of overseas voters in Texas to vote by absentee ballot in the April 9, 2002
federal primary run-off election. The suit alleged that there was insufficient time after
the March 12 primary election for overseas voters to receive, cast, and return absentee
ballots by mail in time to be counted for the run-off election. On March 25, 2002, the
court entered a preliminary injunction order requiring
that the state accept the federal write-in ballot from overseas for the run-off election. The
parties filed a stipulation of dismissal of the suit after
Texas enacted legislation providing for permanent relief.
United States v. State of Michigan (W.D. Mich. 2000)
On August 8, 2000, the United States filed a complaint
and consent decree to enforce the rights of overseas voters in Michigan to vote by absentee
ballot in the August 8 primary election. The complaint alleged that, due to the late mailing
by numerous local election officials of absentee ballots, there was insufficient time for
overseas voters to receive, cast and return their absentee ballots by the deadline so that
they could be counted. On the same date, the Court signed the consent
decree requiring that the State extend for ten days the deadline for receiving ballots
cast by military and overseas voters.
