The New York State Board of Elections expects to get hit as early as Tuesday with a lawsuit from the U.S. Department of Justice targeting counties violating a federal law that protects military voters, the state board’s chairman told FoxNews.com.

The legal action would mark the most aggressive federal intervention yet amid an ongoing debate over how to enforce compliance with the 2009 Military and Overseas Voters Empowerment Act , known as the MOVE Act. The Department of Justice is expected to intervene in several New York counties that missed deadlines intended to ensure that overseas ballots are sent, received and counted on time.

“If everything isn’t resolved by tomorrow or Wednesday, the Department of Justice will ask us to enter into consent order,” Douglas Kellner, co-chairman of the state board, told FoxNews.com Monday evening. “We’ve been having discussions with them.”

The consent order, Kellner said, would give the federal authorities power to ensure MOVE Act compliance in New York City and four counties — Putnam, Erie, Niagara and Westchester — which still hadn’t mailed out their absentee ballots as of the latest deadline.

The Department of Justice did not comment on the prospect of a court order, instead reissuing an earlier statement saying that it is in talks with the state and is committed to “vigorous enforcement” of the MOVE Act.

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(Read More: Fox News)