John McCain's campaign sued Virginia's electoral board Monday, hours before the election, seeking to force the state to count late-arriving overseas military ballots.
The lawsuit asks a federal judge to order the State Board of Elections to count any overseas absentee ballots sent by November 4 and received by local election officials as late as November 14.
McCain claims the rights of military voters are protected by the federal Uniform and Overseas Citizens Absentee Voting Rights Act of 1986.
The campaign's complaint says that Virginia military voters posted overseas who support the Republican nominee will be denied their right to vote unless the court grants the order.
No hearing was scheduled by early Monday afternoon.