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.