Department of Justice Seal Department of Justice
FOR IMMEDIATE RELEASE
TUESDAY, MAY 25, 2004
WWW.USDOJ.GOV
CRT
(202) 514-2008
TDD (202) 514-1888

JUSTICE DEPARTMENT AND ALABAMA OFFICIALS AGREE TO AN EXTENSION OF TIME IN TUSCALOOSA, ALABAMA FOR RETURN OF ABSENTEE BALLOTS BY MILITARY AND OVERSEAS VOTERS


WASHINGTON, D.C. - The Justice Department today announced it had precleared an emergency order from the Circuit Court of Tuscaloosa County, Alabama, providing a 20-day extension of time for overseas citizens and military voters to return their absentee ballots for the June 1 primary election. The order was the result of a cooperative effort by the Justice Department with state and local officials in Alabama to remedy a problem caused by the late mailing of absentee ballots for the June 1 primary election. The order was entered on Tuesday morning after an emergency hearing and was immediately submitted to the Department for expedited consideration under Section 5 of the Voting Rights Act. The Department notified State officials later in the day that the voting changes were precleared without objection.

"We are gratified that Alabama state and local officials, including Secretary of State Nancy Worley and Alabama Attorney General Troy King, worked with the Justice Department to resolve this problem on an emergency basis and acted immediately to protect the voting rights of Alabama citizens. This injunction should ensure that Tuscaloosa County voters overseas - including members of the armed forces and their families - will be able to exercise their right to vote," said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. "Today’s action guarantees the right to vote to the men and women of Alabama who are risking their lives to protect us."

Nancy Worley, Secretary of State of Alabama, added, "As the chief election officer of Alabama, I would like to express my appreciation to the Department of Justice for its cooperation in working with us to ameliorate what could have been a disaster. Now all of our overseas citizens, and especially our military families and the men and women who are serving their country in a time of war, will be able to return their ballots and participate in our great democratic process."

The state court suit was filed on May 25 by General King on behalf of Probate Judge Hardy McCollum and Alabama Secretary of State Nancy Worley after consultations with the Justice Department. The suit stemmed from the fact that Tuscaloosa County election officials had failed to mail out requested absentee ballots to Alabama citizens living overseas in sufficient time for them to vote in the upcoming primary, in violation of both state law and the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The court ordered a 20-day extension of the deadline for the ballots of overseas citizens and absent uniformed services voters to be accepted, from June 1 to June 21; allowed voters to return their ballots by express mail at the county’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 UOCAVA as a "back-up" ballot if voters do not receive their state ballots for federal general elections on time. The court also ordered that voters be notified immediately of the extension by all reasonably available means, including telephone, mail, facsimile or email.

The Justice Department has brought several federal lawsuits under the UOCAVA to ensure that overseas voters are not deprived of an opportunity to vote due to late mailing of absentee ballots by election officials. The Department recently obtained an emergency order in Pennsylvania extending the deadline for return of absentee ballots in Pennsylvania’s April 27 primary election due to similar problems experienced by Pennsylvania election officials in late mailing of overseas ballots.

More information about the UOCAVA 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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