Driving liberals, dhimmis and illegal alien apologists absolutely insane since 2005...

Bob McDonnell: Let Our Servicemembers Vote!

By Greg L | 27 October 2008 | Virginia Politics | 16 Comments

It shouldn’t take the Attorney General of Virginia to render a formal opinion in order to convince elections officials that absentee ballots from overseas military personnel should be counted.  Unfortunately that’s what it takes when Fairfax County is part of the equation.

Thank God we have Bob McDonnell.

Attorney General Bob McDonnell released a formal opinion today concluding that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted. The opinion affirms that federal law preempts state law, thus clarifying the state and federal statutes regarding the issue. The confusion centered over whether a state law requiring a witness’s printed name and address controls federal absentee ballots or the federal law governs this issue. The opinion was requested by Delegate Bill Janis (R-Henrico) and is attached to this release.

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…..”

Approximately 100 Federal Write-In Absentee Ballots have been set aside in Fairfax County pending a legal conclusion regarding the discrepancy between state and federal law. Additional Federal Write-In Absentee Ballots may also have been received in other jurisdictions. The Federal Write-In Absentee Ballot is most commonly used by members of the military who are stationed overseas and have not received a state absentee ballot. It is a means by which service members can be guaranteed a vote in federal elections.

A copy of this formal opinion was provided to the State Board of Elections this afternoon.



The opinions expressed here are solely the views of the author, and not representative of the position of any organization, political party, doughnut shop, knitting guild, or waste recycling facility, but may be correctly attributed to the Vast Right-Wing Conspiracy. If anything in the above article has offended you, please click here to receive an immediate apology.

BVBL is not a charity and your support is not tax-deductible.

You can follow the discussion through the Comments feed. You can also pingback or trackback from your own site.

16 Comments

  1. Bob Marshall said on 27 Oct 2008 at 10:33 pm:
    Flag comment

    Let’s see, the law the Fairfax democratic Voter Registrar is relying on to shut out overseas military voters who live in Fairfax and probably lean heavily towards McCain has been on the books for about 5-6 years. So, no problem in 2003, 2004, 2005, 2006, 2007 when there were no really close elections.

    But he now finds a problem in 2008 with absentee ballots in an election that is too close to call?

    And we are supposed to believe everything is on the up and up?

    Delegate Bob Marshall

  2. Catawba said on 27 Oct 2008 at 11:21 pm:
    Flag comment

    Finding ways to throw out military absentee ballots must be a law school specialty for Democratic Party attorneys. Even if, as Del. Marshall notes, there were no problems in Virginia before this year, there certainly were in Florida where my son was disenfranchised.

  3. mike said on 28 Oct 2008 at 12:21 am:
    Flag comment

    Well Delegate Bob Marshall,

    The problem was then Senator Boilling’s bill required the witness’s address to be included on the forms, and the federal absentee ballot forms that are made available overseas dropped that box between 2007 and 2008. Try a little research next time please.

  4. Sailorboy said on 28 Oct 2008 at 12:40 am:
    Flag comment

    Delegate Marshall,

    No close election in 2006? Some of us military guys are bit perplexed by that.

    A Squid

  5. Disgusted Veteran said on 28 Oct 2008 at 3:45 am:
    Flag comment

    I voted a few times active duty and always thought that all absentee votes were counted. I later found out courtesy of the 2000 election, that they are only counted if the election is very close or a tie. How ironic for those who wear a uniform and sacrifice so much to be treated with such low regard.

  6. Ducky said on 28 Oct 2008 at 6:54 am:
    Flag comment

    Good thing we got Bob McDonnel looking out for us. This is an outrage! Members of the military should have their votes counted, along with ex-pats.

    This election isn’t over folks.

  7. An Independent said on 28 Oct 2008 at 7:47 am:
    Flag comment

    Did any of you get the real facts? Military are voting and out the hundreds absentee ballots that have been cast there were approximately 63 that are questionable. Of the 63 maybe half will not be counted because the forms were not filled out properly. Please get all the facts before you begin another witch hunt.

  8. Anonymous said on 28 Oct 2008 at 10:00 am:
    Flag comment

    If you’re too stupid to follow the directions on the ballot, your vote doesn’t need to be counted.

  9. Brentsville Graduate said on 28 Oct 2008 at 11:05 am:
    Flag comment

    “I voted a few times active duty and always thought that all absentee votes were counted. I later found out courtesy of the 2000 election, that they are only counted if the election is very close or a tie. How ironic for those who wear a uniform and sacrifice so much to be treated with such low regard.”

    That’s not true in Virginia. Absentee ballots are counted on election day and included in the official totals. Other states have different rules though.

  10. Turn PW Blue said on 28 Oct 2008 at 11:18 am:
    Flag comment

    For what it’s worth, the Virginia State Director of Obama for America and the Executive Director of the Democratic Party of Virginia also petitioned the state Secretary of Elections to make sure all FWABs were counted.

    Oh, and Anonymous (28 Oct 2008 at 10:00am), this isn’t a matter of following directions on the ballot. That’s the crux of the issue. The FWAB is a federal document. Its directions are not state-specific. Virginia has a law on the books that requires extra information that the current FWAB does not provide room for. This isn’t someone being stupid.

  11. poetic justice said on 28 Oct 2008 at 12:31 pm:
    Flag comment

    Fraudulent use of the rules? A bit tenuous,
    You say “ignore voting regs that won’t bend to us”,
    Your tired old saw, about rule of law,
    Turns out to be quite disingenuous!

  12. Tyler Durden said on 28 Oct 2008 at 1:55 pm:
    Flag comment

    ^Sounds like Goat Turd poetry.

  13. poetic justice said on 28 Oct 2008 at 2:28 pm:
    Flag comment

    a moniker like ‘ol Tyler Durden,
    must be an incredible burden,
    gay for Brad Pitt, you can’t fight with your wit,
    in this “club” I’ll get the last word in.

  14. Hard R said on 28 Oct 2008 at 4:26 pm:
    Flag comment

    Fairfax County to Comply with SBE Ruling

    Based on today’s ruling by the Virginia State Board of Elections (SBE), all jurisdictions in the commonwealth, including Fairfax County, will now count federal write-in absentee ballots that were previously denied because of missing information.

    “I’m very happy this issue, which was created by the legislature, has been resolved. We always wanted to count these votes, and I am pleased we now have the go-ahead to do so,” said Fairfax County General Registrar Rokey Suleman.

    For the complete release with related links, visit www.fairfaxcounty.gov/news/2008/247.htm.

  15. concrete4 said on 28 Oct 2008 at 9:03 pm:
    Flag comment

    poetic justice said on 28 Oct 2008 at 2:28 pm: Flag comment

    Why don’t you take your poety, I mean, “art” to the hate blog. They love that kind of crap!

  16. poetic justice said on 29 Oct 2008 at 1:10 pm:
    Flag comment

    To what have you taken offense?,
    Harass me? Why, it doesn’t make sense,
    All can see it was Durden, who threw the Goat Turd in,
    He hates. I just get recompense!

Comments are closed.


Views: 1645