The state is responsible for getting the ballots to overseas military in time for them to vote and get the ballot back to be counted, the MOVE Act stipulated 45 days.
The problem is deployed troops in inaccessible areas for the most part as I understand it and they vote by paper ballot, not electronically.
I know the purpose of the act but what is the consequence of not getting a waiver? The question in my mind is whether the failure to get a waiver means ballots cannot be sent to the armed forces, or whether it just creates a right of action against the state by soldiers or candidates or the DOJ. I would hope the soldiers can vote either way but it is unclear to me. If, by withholding the waiver, the DOJ can prohibit ballots from even going to soldiers, then granting the waiver would be good because, even if the time is short, they have a right to vote.