Voting Rights: DOJ takes McCain's place in Va. military ballot lawsuit
Earlier this month, John McCain's presidential campaign filed a federal lawsuit that sought to force Virginia to count thousands of overseas absentee ballots that arrived after the deadline.
While the lawsuit remains under consideration, a judge has removed McCain as the plaintiff, saying he does not have standing to sue. His replacement? The U.S. Department of Justice.
The Washington Post reports:
An attorney for the State Board of Election said voters who received their ballots late could have used write-in ballots instead, but the plaintiffs' attorneys noted that write-in ballots are supposed to be for emergencies only and are hard to find in war zones.
The McCain campaign has estimated the number of absentee ballots received late at about 5,000. The only race close enough that the late ballots could make a difference is in Virginia's 5th Congressional District, where incumbent Rep. Virgil H. Goode Jr. (R) was upset by Democratic challenger Tom S. Perriello by 745 votes. Goode has requested a recount.
Another hearing on the lawsuit has been scheduled for U.S. District Court in Richmond on Dec. 8.
While the lawsuit remains under consideration, a judge has removed McCain as the plaintiff, saying he does not have standing to sue. His replacement? The U.S. Department of Justice.
The Washington Post reports:
However U.S. District Judge Richard L. Williams decides the case, it probably will not alter the outcome of any of the Nov. 4 contests. But the ruling will provide an opportunity for every voter to be heard, according to attorneys who filed a lawsuit seeking to mandate the count.Some absentee ballots were printed late and not mailed out in time to be returned by the deadline. Justice Department attorneys argued at a hearing last week that the judge should force the state to count the late ballots so elections officials will be more careful in the future.
An attorney for the State Board of Election said voters who received their ballots late could have used write-in ballots instead, but the plaintiffs' attorneys noted that write-in ballots are supposed to be for emergencies only and are hard to find in war zones.
The McCain campaign has estimated the number of absentee ballots received late at about 5,000. The only race close enough that the late ballots could make a difference is in Virginia's 5th Congressional District, where incumbent Rep. Virgil H. Goode Jr. (R) was upset by Democratic challenger Tom S. Perriello by 745 votes. Goode has requested a recount.
Another hearing on the lawsuit has been scheduled for U.S. District Court in Richmond on Dec. 8.
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Sue Sturgis
Sue is the editorial director of Facing South and the Institute for Southern Studies.