senate Bill S2421

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 recommitted to election law
substitution reconsidered
May 21, 2012 ordered to third reading cal.577
substituted for a1450
Apr 26, 2012 referred to election law
delivered to assembly
passed senate
Mar 15, 2012 advanced to third reading
Mar 14, 2012 2nd report cal.
Mar 13, 2012 1st report cal.350
Jan 04, 2012 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Mar 14, 2011 referred to election law
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.37
Jan 20, 2011 referred to veterans, homeland security and military affairs

Votes

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Mar 13, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S2421
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Mar 13, 2012

Jan 25, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S2421
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 25, 2011

Co-Sponsors

S2421 - Bill Details

Current Committee:
Law Section:
Military Law
Laws Affected:
Add §234, Mil L; add §8-413, El L
Versions Introduced in 2009-2010 Legislative Session:
A8077

S2421 - Bill Texts

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

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BILL NUMBER:S2421

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 SPECIFIC 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.

PRIOR LEGISLATIVE HISTORY:
2008: S.6493 - Reported to Rules.

BUDGET IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act would take effect immediately.


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

                                  2421

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sens.  BALL,  FARLEY,  LARKIN  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans, Homeland Security and Military Affairs

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, 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 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, 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  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.
                                                           LBD03922-01-1

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