The Justice Department has settled the military voting lawsuit with Vermont.  Once again, as in other settlements, the remedy is one that Congress specifically rejected as part of the MOVE Act.  More time is being added for ballots to be counted. 

But Congress specifically looked at this possibility in 2009 and rejected it.  Congress passed a law that said ballots must mail out 45 days in advance, period.  Then when that doesn’t happen, Justice moves slowly to prepare a lawsuit.  Weeks later, Justice sues, instead of immediately.  Then the remedies almost always incorporate a solution that Congress rejected.

The problem lies within DOJ where there is a tolerance for ballots mailing late dating to the pre-Move days.  There is an acceptance of extra time as an acceptable remedy, even though Congress did not view extra time as a solution. 

The solution is an enforcement scheme which is ready to pounce on an offending states with swiftness, days not weeks, instead of the leisurely pace that has characterized MOVE enforcement the last to federal cycles.  Stay tuned.