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August 27, 2010
Obama's Pentagon: Why Of Course You Can Have Special Waivers Disobligating You From Protecting The Right of Our Troops To Vote In Elections
It's amazing which laws the states must obey and which laws have a little more... give in them.
I have written previously here at PJM that all waiver requests should be denied. Unfortunately, if you are an overseas servicemember from Delaware, Massachusetts, New York, Rhode Island, or Washington, the protections in the MOVE Act aren’t going to apply to you this year. And if you are from one of the states who still aren’t in compliance with MOVE — like Colorado, Wisconsin, or Alaska — don’t be surprised if you get scant help from Attorney General Eric Holder.
Waivers can be granted from MOVE only if states find a way to make sure the votes of servicemembers are still counted.
Washington, despite having plenty of time after an August 17 primary to get the job done, received a waiver today. Washington was unwilling to change their schedule of ballot preparation to allow for 45 days mailing time. Though modern printing technology makes the Washington waiver unnecessary, it was granted.
Delaware election director Elaine Manlove says the state can get ballots out in time — but applied for a waiver “just in case.” Delaware’s waiver was motivated by caution, but caution isn’t a basis for the granting of a waiver. The law says “undue hardship.” However, waiver granted.
Rhode Island shared Delaware’s risk aversion: Spokesman Chris Barnett says they asked for a waiver in case they had a recount in the primary. A hypothetical “undue hardship.” Waiver granted.
Since MOVE passed last October, Massachusetts did nothing to adjust their late September 14 primary to comply. (This was the same state that introduced and passed legislation in mere days so that Senator Paul Kirk could be sworn in to vote for ObamaCare. The legislature previously stripped Republican Mitt Romney of the power to appoint replacements and required a special election.) It’s a shame soldiers aren’t as important as Senator Kirk’s vote was. Waiver granted.
New York sought a waiver. No surprise there: seven years after the passage of the Help America Vote Act of 2002, New York still wasn’t in compliance. Waiver granted.
Thanks to Slublog.