Department of Justice Seal Department of Justice
FOR IMMEDIATE RELEASE
TUESDAY, APRIL 20, 2004
WWW.USDOJ.GOV
CRT
(202) 514-2008
TDD (202) 514-1888

JUSTICE DEPARTMENT OBTAINS INJUNCTION AGAINST PENNSYLVANIA TO PROTECT RIGHTS OF OVERSEAS MILITARY AND CIVILIAN VOTERS


WASHINGTON, D.C. - The Department of Justice today announced that the U.S. District Court for the Middle District of Pennsylvania granted the government’s request to extend Pennsylvania’s deadline for qualified overseas voters from April 27 to May 17 for the state’s federal primary election.

The order was entered Friday evening by a federal judge in Harrisburg after an emergency hearing. The suit was filed on April 15 after state election officials failed to mail out requested absentee ballots to Pennsylvania citizens living overseas in sufficient time for them to vote in the upcoming primary, in violation of both federal and state law.

“We are gratified that the court heard this matter on an emergency basis and acted immediately to protect the voting rights of Pennsylvania citizens,” said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “Especially at this time when so many of our nation's men and women are in harm's way while serving their country, it is critical that we vigorously enforce the right of all our citizens overseas to participate in this most fundamental aspect of our democratic process.”

The court held that the Justice Department was entitled to an injunction and likely to prevail on the merits of the case. The court ordered a 24-day extension of the deadline for overseas ballots to be accepted, from April 23 to May 17; allowed voters to return their ballots by express mail at the state’s expense; and allowed voters to utilize a special federal write-in absentee ballot if they do not receive their state absentee ballot in time. Federal write-in ballots are widely available at military bases and embassies around the world.

The federal write-in ballot is authorized by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as a "back-up" ballot if voters do not receive their state ballots for federal general elections on time. The court declined to order the state to permit return of ballots by fax or email similar to procedures permitted in some other states.

The lawsuit alleged that without judicial relief, qualified Pennsylvania voters living overseas would not be able to vote in the federal primary election because, despite federal requirements and state law deadlines, many election officials did not mail their absentee ballots in time for overseas voters to receive and return them while they can still be counted. The suit also seeks permanent relief to ensure that Pennsylvania voters overseas will not face the same problems in future elections.

The Department of Defense's Federal Voting Assistance Program officials, who oversee the administration of the federal law guaranteeing the rights of overseas voters to vote in federal

elections, determined that Pennsylvania's schedule for mailing overseas absentee ballots was simply too short to allow a reasonable chance to vote given the delays in overseas mail delivery. The UOCAVA requires states to allow uniformed services voters and other overseas citizens to register to vote and vote absentee for all elections for federal office.

Today, Pennsylvania officials intended to file a lawsuit in state court seeking a similar order from a state court judge to allow overseas voters to have their votes for state offices in the April 27 primary ballot accepted on the same terms ordered Friday for federal offices.

The Department of Justice has brought numerous suits under this law to ensure that overseas voters are not deprived of an opportunity to vote due to late mailing of absentee ballots by election officials. In 1988, the Department of Justice brought a similar suit against Pennsylvania for late mailing of overseas ballots, and a federal district court entered relief extending the deadline for receipt of overseas absentee ballots. Pennsylvania also had late mailing problems in 1990 and 2002, and voluntarily agreed to extend the deadline for counting overseas ballots.

More information about the Uniformed and Overseas Citizens Absentee Voting Act and other federal voting laws is available on the Department of Justice Internet site, www.usdoj.gov/crt/voting. Complaints about discriminatory voting practices may be called in to the Voting Section of the Justice Department's Civil Rights Division at 1-800-253-3931.

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