From the AP:

Republican John McCain's presidential campaign sued the Virginia election board Monday, claiming absentee ballots weren't mailed on time to military members serving overseas.

The complaint asks the U.S. District Court in Richmond to order the state to count absentee ballots postmarked by Tuesday and received by Nov. 14. It contends that thousands of troops' ballots — many of which would go to McCain — will not be counted.

The deadline for ballots to be received is 7 p.m. Election Day, which is Tuesday.

McCain's campaign has asked for the state to extend counting the overseas ballots for 10 more days -- a judge is expected to rule on the issue this afternoon.

Earlier this week the NAACP failed in its request to get extended voting hours and more voting machines in polling places they claimed were not ready for the large turnout expected, so it might be a tough legal fight for McCain's staff.