Eric Eversole in Washington Times: Justice delayed for military voters

Former DOJ Voting Section lawyer Eric Eversole has this piece  in the Friday Washington Times:

“Notwithstanding overwhelming evidence in 2008 that military voters needed at least 45 days to receive and return their absentee ballots, the Voting Section of the Civil Rights Division stood by as more than 20 states failed to provide military voters with sufficient time to vote. This failure alone cost thousands of military members the right to vote.

Now, 10 months after its passage, nearly one-third of the states have failed to implement one or more of the key provisions of the MOVE Act. At least 11 states (Hawaii, New York, Delaware, Alaska, Washington, Maryland, Massachusetts, Wisconsin, Rhode Island, New Hampshire and Colorado) and the District of Columbia have not implemented the 45-day deadline for mailing absentee ballots. At least five states (Alabama, Connecticut, Massachusetts, Missouri and New Hampshire) have not implemented the electronic-delivery requirement under the MOVE Act.

For its part, the Voting Section appears to be in no hurry to enforce the new law and, more problematic, appears to be hiding how many states have failed to comply fully with the MOVE Act.

This latter point was evident in a recent letter to Sen. John Cornyn, Texas Republican. While the letter repeatedly emphasized the department’s commitment to enforce the law, it avoided Mr. Cornyn’s specific request to identify noncompliant states. Nor did the letter answer Mr. Cornyn’s question about the department’s plan to ensure full compliance with the MOVE Act. Instead, the department promised to meet with Mr. Cornyn at a future date.

There is a good reason, of course, why the department wants to avoid Mr. Cornyn’s questions. Given the volume of noncompliant states, can the department or Voting Section realistically guarantee full compliance before the November election?

With so few days left before the election, the passage of each day makes it more and more unlikely that the Voting Section can ensure that each state will be compliant with the MOVE Act. It takes a significant amount of time to draft a complaint and request for an injunction, file it in federal court, set it for hearing, hold the hearing, issue a remedy and ensure compliance. Multiply these tasks by five, 10 or 16, and unlikelihood of full compliance is evident to most reasonable people.

Yet the Voting Section continues to wait and ignore reality, hoping states will comply voluntarily with the MOVE Act in the next few weeks. It should know better.”

Full article at this link.