Justia Military Law Opinion Summaries

Articles Posted in Election Law
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. 20302(a)(8)(A), includes a variety of measures that states are required to adopt in order to accommodate military voters when they administer federal elections. At issue is section 20302(a)(8)(A)'s requirement that, when a qualifying military or overseas voter requests an absentee ballot for a federal election, a state must transmit a ballot to that voter forty-five days before the federal election. The United States filed suit against Alabama seeking to enjoin the State from holding federal runoff elections forty-two days after federal primary elections. When the court looked at the text of section 20302(a)(9), the court found that it directs states only to "establish a written plan" in preparation for runoff elections, and makes no claim that it abrogates the mandatory forty-five day transmission timeline. In light of the plain language of this substantive command - and Congress's clear intent to prioritize the empowerment of military voters through clear and accessible absentee voting procedures - the court concluded that section 20302(a)(9) does not alter the court's interpretation. Therefore, the court held that the State must transmit validly requested absentee ballots to eligible UOCAVA voters forty-five days before each federal election, whether that election is primary, general, special, or runoff. Accordingly, the court affirmed the district court's grant of summary judgment to the United States. View "United States v. Alabama" on Justia Law