Federal law, on the other hand, where the military is concerned, requires only that ballots be sent expeditiously. Postage is not required and a postmark need not be affixed, even though the military itself attempts to postmark its mail whenever possible. In addition, members of the military can and do receive federal mail-in ballots from U.S. embassies. These ballot forms do not necessarily accommodate Florida election law requirements like witness signatures and dates. If a federal absentee ballot is otherwise properly executed, it should be counted, even if the postmark is in question.
Every absentee voter is entitled to the same treatment.
The Florida experience shows us that we need to undertake a measured, thoughtful effort to examine the military absentee voter issue comprehensively in order to frame and enact legislation to ensure that military absentee ballots are not discounted because of factors beyond the control of military voters. These factors may include postmarking, notarization, and witness signatures. We recognize that the exigencies of military service may make it difficult or impossible for individual voters to comply with every procedural requirement. Where it can be confirmed that military voters properly completed their ballots in a timely manner and in good faith, their votes should be counted. We call for hearings to determine the scope and nature of the problem.