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thedrifter
03-26-09, 06:29 AM
Lawsuit seeks more time for absentee ballots
By Brian Tumulty - Gannett News Service
Posted : Wednesday Mar 25, 2009 17:38:22 EDT

The Justice Department filed a complaint Tuesday against the New York State Board of Elections and Gov. David Paterson, seeking additional time for members of the military to cast absentee ballots in Tuesday’s special election for the vacant 20th Congressional District seat.

John Conklin, a spokesman for the state board of elections, said the lawsuit would not delay Tuesday’s election, although it might delay final certification of the results.

Democrat Scott Murphy and Republican Jim Tedisco are competing to fill the seat vacated by Democratic Rep. Kirsten Gillibrand in January when she was appointed to the Senate to succeed Hillary Rodham Clinton. Clinton was confirmed as secretary of state.

The seven-page complaint says that members of the military need at least 30 days for their absentee ballots to make a round-trip from New York to a voter stationed overseas and back to New York. However, for military voters stationed overseas, Ostego County left “just 26 days to receive, mark, and return their absentee ballots,” the complaint states.

Eight of the nine other counties in the 20th Congressional District gave military voters stationed overseas even less time — only 25 days. The complaint did not list the counties.

According to Conklin, the state is being asked by the federal government to accept these absentee ballots until April 13 instead of April 7. The state requires those ballots to be postmarked by March 31. Conklin said it’s not clear from the court filing whether the federal government wants that date changed as well.

A spokesman for the Justice Department in Washington was not available for comment Tuesday evening.

Ellie