For Release: IMMEDIATELY, April 13, 2009

Contact: Press Office (518) 373-2733
 
 
TEDISCO ASKS OFFICIALS TO EXTEND DEADLINE FOR OVERSEAS BALLOTS

Candidate for New York’s 20th Congressional District, Jim Tedisco, (R,C-Saratoga) today in a letter called upon the New York State Board of Elections and U.S. Department of Justice to extend a deadline for overseas ballots so that military members serving abroad would be ensured the opportunity for their voices to be heard. 

The letter sent today can be read in full below:

April 13, 2009
 
The Honorable Erik Holder
Attorney General
United States Department of Justice
950 Constitution Avenue, NW
Washington, DC 20530
 
The Honorable David Paterson
Governor
State CapitolAlbany, NY 12224
 
The Honorable James A. Walsh
The Honorable Douglas Kellner
New York State Board of Elections
40 Steuben StreetAlbany, NY 12207-2108
 
Dear Mssrs. Holder, Paterson, Walsh and Kellner:
 
As you are all aware, today is the deadline for the return of overseas UOCAVA ballots established by Consent Decree in United States v. New York (09-CV-335, Northern District of New York, Order entered March 26, 2009). 

 
On behalf of military and other overseas voters, I respectfully ask that you take immediate action to request additional time for the return of ballots by voters protected by UOCAVA.  Although no minimum time for return of ballots is provided for in UOCAVA, the Federal Voter Assistance Program of the Department of Defense recommends allowing 45 days from the time of sending overseas ballots to allow those ballots to be received and returned to election officials.

 
In this case, because of the nature of the special election held in the State of New York on March 31, 2009, some counties sent their ballots out barely 18 days before the deadline.  The extension for the return of ballots provided for in the Consent Decree of March 26, 2009 to allow 30 days for return helps, but does not do everything that can be done to permit the postal system to return ballots cast by military and overseas voters to the counties in time to be included in the final results from this special election.

 
Such an extension is unlikely to further delay the final determination of the election results because many counties are still counting their absentee ballots, the counting of overseas UOCAVA ballots will not begin until at least April 14, 2009, and the normal process provided for under New York law for county board and judicial review of ballots is likely to last at least an additional two weeks.

 
Extensions for longer periods of time, as well as other additional measures, have been sought by the United States Department of Justice or approved by federal courts in other cases.  See United States v. Tennessee (M.D. Tenn., 08-00035, Consent Decree entered January 30, 2008) (permitting 40 days for mailing and return of ballots); United States v. Georgia (N.D. Ga., 04-2040, Filed January 28, 2004) (seeking approximately 45 days for mailing and return of ballots, and other measures to provide for timely return of military and overseas ballots); United States v. Connecticut (D. Conn., 06-1192, Stipulated Agreement filed August 2, 2006) (Stipulation allowing 45 days for return of some military and overseas ballots).

 
Because it may be that the votes of men and women in uniform, and other overseas citizens, could determine the outcome of this election it is imperative that the State of New York and the federal government do everything possible to ensure that the votes of these citizens are counted.

 
As a result, I respectfully ask that you request a modification of the March 26, 2009 consent decree to allow an additional 15 days for the return of overseas UOCAVA ballots. 

 
                                                                        Sincerely,

 
                                                                        James Tedisco

 
 
 
CC:  Christopher Coates, Chief of the Voting Rights Section
            Civil Rights Division
            United States Department of Justice
 
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Paid for by Tedisco for Congress