Governor Arnold Schwarzenegger effectively disenfranchises overseas California voters around the world, including military personnel stationed in combat zones in Iraq and Afghanistan when he called a special election for June 22, 2010.
While this may not seem that important, California Senate Districts are very large with each senator representing about 850,000 people. In a fit of pique to punish the democrats in the State Assembly Governor Schwarzenegger set the date for the special election for Senate District 15 as June 22, 2010. When he did so he not only wastes about $2.5 million the state doesn't have, he virtually eliminates the ability of overseas voters to participate in the election.
I thought Republicans were all about supporting the troops.
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This issue is complicated so I'm laying out the facts.
While not directly violating the Military and Overseas Voter Empowerment Act (MOVE Act) signed into law October 28, 2009, he is most certainly violating it in spirit. The law was designed to ensure the rights of overseas civilians and deployed military personnel to participate in federal, state and local elections.
For federal elections this new law requires allowing 45 days for the Department of Defense to process those ballots and if a state requests a waiver they must do so 65 days before the election. The law was passed with a 45-day minimum requirement for federal elections for a good reason. The 45-day rule should be applied to special elections as well to ensure that everyone eligible has a reasonable chance to participate in the democratic process.
According to the Pew Center Report, No Time to Vote: Challenges Facing America’s Overseas Military Voters, one of the potential reforms includes,
“Building at least 45 days into the process for ballots to travel between voters and election offices…”
One of the recommendations was to use fax and email to request ballots and to return ballots. Given the impossibly short time frame, overseas voters won't even know there is an election.
The availability of fax or email are very questionable for sailors serving aboard ship, military units in transit, families moving duty station and soldiers deployed in combat zones.
The Governor's edict disenfranchises active duty military personnel of all ranks and all services. It also disenfranchises overseas voters representing the Department of State, Commerce, Department of Defense Dependent Schools (DODDS) teachers, administrators and any other California resident assigned overseas from a governmental, non-governmental or corporate entity.
Moreover, military families are traditionally the mail-backstop for military personnel deployed away from their duty stations. Mail moves from the continental United States (CONUS) US Postal System to military postal units and eventually unit mail rooms. Families collect and then forward the mail they think is important to their family members posted in restricted areas. When families are involved in permanent change of station (PCS) movements or are traveling to CONUS on vacation, they become extremely difficult targets to hit with time sensitive voting materials.
The period from Memorial Day to Labor Day is the traditional school break for military families worldwide and this period is also when the bulk of military families are reassigned and moved from base to base and country to country. In some cases entire units’ key and senior leaders are replaced and reassigned during this period as well. The bulk of voting officers are appointed from these key leaders.
Summer turbulence combined with the 45-day minimum cycle required by Department of Defense guidelines will ensure that a disproportionate and unnecessary number of military personnel overseas, military undergoing reassignment inside CONUS, military personnel already assigned overseas and those deployed in hostile fire and designated combat zones will not have time to vote in the election scheduled for June 22, 2010 or the special general to be held August 22. This is even more ridiculous when one considers that the Governor could easily have consolidated the special with the already scheduled General election on November 3.
If ballots where sent out from all five counties in Senate District 15 within 24 hours after the candidate filing deadline of May 10 (utterly impossible), that would leave only 43 days for the ballot to reach the voter and then make the return trip. There is plenty of evidence to show that absentee ballots sent overseas under normal circumstances require a minimum of 45 days and that’s just transit time.
Imagine the problems with getting ballots into hostile fire or combat designated zones. Here in California absentee ballots must reach each County Elections office by close of business on election day or they are simply not counted. Postmark doesn’t matter.
The minimum primary date to ensure even minimal participation by overseas, military-family and active duty military personnel would be best within 14 days after the greatest amount of military turbulence has subsided. This would be after the beginning of the new DODDS school year: approximately August 31, 2010. The exact school start dates depend on region, i.e., whether the school is located in CONUS, Japan or Europe). Military units will have also stabilized by then with key leaders in position and voting officers appointed.
That best date for the Special Election to fill the senate seat in SD 15 would be no earlier than August 31, 2010, leaving a full cycle to count votes, prepare sample ballots and the requisite 45 days to mail absentee ballots to both CONUS and overseas locations and have them returned and counted. This date would then leave enough time to process the special election primary results and then send out the final special election absentee ballots coinciding with the general election scheduled for November 3, 2010.
Contact the Governor's and ask why he would disenfranchise overseas and military voters. Ask him to change the Special primary date to August 31 and consolidate the special general election with the already scheduled general on November 3. It will save $2.5 million in the cash-strapped state and ensure our military voters the right to vote.
Contact: Governor Arnold Schwarzenegger
Phone: 916-445-2841
Fax: 916-558-3160 ( new number )
To email follow this link: http://gov.ca.gov/...