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Tuesday, November 18, 2008

McCain campaign removed from lawsuit

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Election 2009

roanoke.com/politics

RICHMOND -- A federal judge has removed presidential candidate John McCain's campaign as the plaintiff in a lawsuit that seeks to compel Virginia election officials to count late absentee ballots from U.S. troops serving outside the state.

The new plaintiff is the U.S. Department of Justice. U.S. District Court Judge Richard Williams approved the department's motion to intervene in the case Monday and scheduled a hearing on the merits of the case for Dec. 8.

McCain's presidential campaign sued the state board of elections, claiming that absentee ballots weren't mailed soon enough to military members outside Virginia to ensure they were returned on time.

But Williams ruled that the campaign lacked standing to sue.

Williams previously ordered election officials to safeguard late-arriving absentee ballots until the case is decided.

-- Associated Press

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