senate Bill S2655A

Provides that the ballots of deceased military personnel shall be counted toward the election for which they were cast

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 23 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 16 / Apr / 2013
    • 1ST REPORT CAL.350
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • AMENDED ON THIRD READING 2655A
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO ELECTION LAW
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • 1ST REPORT CAL.140
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO ELECTION LAW

Summary

Provides that the ballots of deceased military personnel shall be counted toward the election for which they were cast.

do you support this bill?

Bill Details

Versions:
S2655
S2655A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Military Law
Laws Affected:
Add §234, Mil L; add §8-413, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2421
2009-2010: A8077
2007-2008: A9976

Sponsor Memo

BILL NUMBER:S2655A REVISED MEMO 05/12/2014

TITLE OF BILL: An act to amend the military law and the election law,
in relation to the counting of ballots of deceased military personnel

PURPOSE:

This bill would require that absentee or military ballots of any
active duty service member be counted even if such service member dies
before the date of the election for which it was cast.

SUMMARY OF PROVISIONS:

Specifically, this bill would add a new section 234 of the military
law, and a new section 8-413 of the election law, to provide that any
member of the Army, Navy, Air Force, Marines, Coast Guard, Army
Reserve, Naval Reserve, Marine Reserve, Air Force Reserve, National
Guard, New York Army National Guard, New York Air National Guard, New
York Guard or Naval Militia, who casts an absentee or military ballot
while on active duty, shall have such ballot be counted, even in the
event that such service member dies before the date of the scheduled
election on which it was cast.

JUSTIFICATION:

Presently, pursuant to New York State Law, if any voter casts an
absentee or military ballot, and is killed before the date of the
election for which it was cast, such ballot is deemed invalid and is
not counted. This is due to the reasoning that such person, who is
voting by means of such ballot, would not be able to actually vote in
person at the polls, due to the fact that they would have predeceased
the election. Such rule seeks to prevent voter fraud that could
occurring from the casting of ballots of deceased voters.

Although this law is generally a good public policy, an exception to
this rule needs to be made for active duty service members. For any
active duty service member, who makes the ultimate sacrifice in
defense of our freedom, should not be denied in death, their final act
as a citizen of our great country. In such a case, there is no
incentive or propensity for fraud. To fail to do so, to deny that
right, to someone who has died in the service to both New York and the
United States, would be both unseemly and unconscionable. As a result,
a grateful nation should do no less to honor the memory of that
service member, than to count their duly and properly cast vote. This
bill would do just that.

LEGISLATIVE HISTORY

2008: S.6493 - Reported to Rules.
3/14/11- Passed Senate / A.1450, Held for consideration in election
law
4/26/13- Passed Senate / A.1450, Held for consideration in election
law
5/20/13- S.2655-A - Passed Senate

FISCAL IMPLICATIONS:


None noted.

EFFECTIVE DATE:

This act would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2655--A
    Cal. No. 350

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  BALL, BONACIC, CARLUCCI, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Veterans, Homeland Security and Military Affairs -- reported favorably
  from  said committee, ordered to first and second report, ordered to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN  ACT  to  amend the military law and the election law, in relation to
  the counting of ballots of deceased military personnel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The military law is amended by adding a new section 234 to
read as follows:
  S 234. COUNTING OF BALLOTS OF DECEASED MILITARY PERSONNEL. ANY  MEMBER
OF  THE  ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, ARMY RESERVE,
NAVAL RESERVE, MARINE CORPS RESERVE, AIR FORCE RESERVE, NATIONAL  GUARD,
NEW  YORK  ARMY  NATIONAL  GUARD,  NEW YORK AIR NATIONAL GUARD, NEW YORK
GUARD OR NAVAL MILITIA, WHO CASTS AN ABSENTEE OR MILITARY  BALLOT  WHILE
ON  ACTIVE  DUTY,  SHALL  HAVE SUCH BALLOT BE COUNTED, IN THE EVENT THAT
SUCH SERVICE MEMBER DIES AS A RESULT OF PARTICIPATING  IN  COMBAT  OPER-
ATIONS BEFORE THE DATE OF THE SCHEDULED ELECTION FOR WHICH IT WAS CAST.
  S 2. The election law is amended by adding a new section 8-413 to read
as follows:
  S  8-413.  COUNTING  OF  BALLOTS  OF  DECEASED MILITARY PERSONNEL. ANY
MEMBER OF THE ARMY, NAVY, AIR FORCE, MARINE  CORPS,  COAST  GUARD,  ARMY
RESERVE,  NAVAL  RESERVE,  MARINE  CORPS  RESERVE,  AIR  FORCE  RESERVE,
NATIONAL GUARD, NEW YORK ARMY NATIONAL  GUARD,  NEW  YORK  AIR  NATIONAL
GUARD,  NEW  YORK GUARD OR NAVAL MILITIA, WHO CASTS AN ABSENTEE OR MILI-
TARY BALLOT WHILE ON ACTIVE DUTY, SHALL HAVE SUCH BALLOT BE COUNTED,  IN
THE  EVENT THAT SUCH SERVICE MEMBER DIES AS A RESULT OF PARTICIPATING IN
COMBAT OPERATIONS BEFORE THE DATE OF THE SCHEDULED ELECTION FOR WHICH IT
WAS CAST.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07146-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.