ALBANY, N.Y. (AP) — The U.S. Justice Department is suing New York’s Board of Elections trying to guarantee that ballots sent late to military personnel and other Americans overseas are counted in the Nov. 2 election.

The suit filed in Albany federal court says voting law generally requires states to sent ballots 45 days in advance.

New York received a waiver allowing it to send ballots by Oct. 1 and to count them up to Nov. 15. But election officials in Niagara, Putnam, Westchester and Erie counties and all five New York City boroughs missed that deadline.

Elections spokesman John Conklin said Monday that the board is cooperating with the Justice Department in extending the deadline for counting returned overseas ballots as much as possible under state law.

The department says it filed similar suits against Wisconsin and Guam.

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