Wisconsin reached an agreement with the United States Department of Justice Thursday over a new law protecting absentee voting rights of military members and citizens living overseas.

The Military and Overseas Voter Empowerment Act requires states to deliver absentee ballots to military members, family of military members and citizens living overseas 45 days before an election for federal office. The new law applies to midterm elections Nov. 2, and the deadline for 2010 is Sept. 18.

In Wisconsin, the late primary election date might make adhering to this date tricky.

The agreement was expected to be filed Thursday, though it may not be filed by the Department of Justice until Friday.

“We’re expecting it will be filed today but it’s not in our hands, it’s in the federal government’s hands,” Reid Magney, spokesperson for the Government Accountability Board, said Thursday.

The GAB refused to comment on the details of the agreement before it was filed, but a preliminary letter sent to Wisconsin county, municipal clerks, the Milwaukee County and city of Milwaukee election commissions Sept. 2 outlined the impact the agreement will most likely have on the election process.

The GAB will complete its September Primary Canvassing Certification by Sept. 27, so clerks can have ballots printed and sent to overseas voters on or before Oct. 1.

However, this date would still fall several days short of the mandated 45 advance days for overseas voters to receive their ballots by the MOVE Act.

Wisconsin was denied a waiver that would have temporarily exempted the state from complying with the new absentee ballot laws Aug. 27.

Wisconsin stands in the company of Hawaii, Alaska, Colorado, the Virgin Islands and the District of Columbia, which were also denied the waiver.

The Department of Defense did grant waivers to New York, Delaware, Massachusetts, Rhode Island and Washington.

Waivers were granted based on which states could prove they would get ballots to overseas absentee voters in a timely fashion, according to the Department of Defense.

The states that received waivers presented plans that were seen to sufficiently safeguard the voting rights of military and citizens overseas.

“The states granted waivers presented thorough and comprehensive plans to protect the voting opportunities for military and overseas voters,” Bob Carey, director of the Federal Voting Assistance Program, said in a statement.

The agreement reached between the Department of Justice and the GAB stipulated the measures the GAB will take to ensure absentee ballots filed by overseas voters will be sent out, received and counted equally alongside in-state voters.

The GAB expressed displeasure with the initial denial of its waiver.

“We are disappointed that the U.S. Department of Defense did not recognize Wisconsin’s record of exemplary service to military and overseas voters,” the GAB said in a statement. “Wisconsin election officials use all means currently available under state law for expediting transmission of ballots to military and overseas voters and for ensuring those ballots will be counted.”