Read the Bills Act Coalition

Tuesday, October 28, 2008

Brian Moran, frontrunner for Democratic nomination Governor of VA, still refuses to affirm the right of Virginia Citizen Soldiers to vote

Posted by MAXIMUS

Delegate Brian Moran, the presumptive frontrunner for the Democratic Gubernatorial nomination, has yet stand up and defend that the votes of Virginia's citizen soldiers be counted in the 2008 Presidential election.

Brian Moran has failed to take a position on criticizing the Democrat Appointed Majority that governs the Fairfax County Electoral Board regarding their recent decision to NOT ALLOW Virginia's citizen soldiers to vote. These soldiers that Moran refuses to fight for are currently fighting to defend Delegate Moran's inability to utter support for the right to vote of Virginia's Citizen Soldiers.

There is nothing on Delegate Moran's website criticizing the Fairfax County decision to reject militaty absentee ballots, link here: http://www.brianmoran.com/

There is nothing in Brian Moran's website that praises the legal work that Attorney General Bob McDonell has taken to overturn the Fairfax County Electoral Board's decision to reject military ballots, link here: http://www.brianmoran.com/

For the FOB's reading this (Friends of Brian), pass along the below textbook example of how a Virginia leader protects military interest in Virginia:

STATE BOARD OF ELECTIONS UNANIMOUSLY VOTES TO COUNT PREVIOUSLY DENIED FEDERAL WRITE-IN ABSENTEE BALLOTS

~ Office of Attorney General’s Advisory Opinion - Federal Law Preempts State Law ~



RICHMOND, VA - On Tuesday, October 28 the Virginia State Board of Elections reviewed and voted unanimously to accept the official advisory opinion of the Office of Attorney General regarding Federal Write-in Absentee Ballots (FWAB).

Last week the State Board of Elections was alerted to a possible conflict between state and federal law leading to the denial of approximately 100 FWABs. The Code of Virginia has stated since 2002 that all FWABs serving simultaneously as an absentee ballot application and an absentee ballot require both a witness’ signature and an address in order to be counted in the General Election. General Registrars correctly applied state law by denying these FWABs.

Out of concern that these votes from the military and overseas could not be counted under state law, the State Board of Elections and Delegate Bill Janis requested the Office of the Attorney General to conduct a detailed review of a conflict between state and federal law. The Office of the Attorney General released an opinion Monday night stating “that the provision of § 24.2-702.1(B) interpreted to require an overseas military voter submitting a FWAB to include the printed name and address of the person who signs the witness statement is preempted by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).”

“I am pleased that we are able to count these votes, but also am pleased that our registrars followed the law,” said Jean Cunningham, Chair of the State Board of Elections. “Thank you to the Office of Attorney General for their extensive research, because of their review it allows SBE to count these votes under federal law.”

For more information go to the State Board of Elections web site at www.sbe.virginia.gov.

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H/T to Virginia virtucon at http://virginiavirtucon.wordpress.com/2008/10/28/sboe-votes-to-overturn-fairfaxco-decision-to-deny-counting-overseas-military-ballots/

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