S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3824 A. 5180
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
February 21, 2013
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Elections
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Election Law
AN ACT to amend the election law, in relation to military ballots and
elections for school boards of education and school budgets
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 10-108 of the
election law, as amended by chapter 4 of the laws of 2011, is amended to
read as follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any event not later than
thirty-two days before a primary or general election; twenty-five days
before a New York city community school board district or city of
Buffalo school district election OR ANY COMMON, UNION FREE, CENTRAL OR
CENTRAL HIGH SCHOOL DISTRICT ELECTION FOR WHICH ABSENTEE BALLOTS ARE
REQUIRED TO BE PROVIDED PURSUANT TO SECTIONS TWO THOUSAND EIGHTEEN-A,
TWO THOUSAND EIGHTEEN-B, OR TWENTY-SIX HUNDRED THIRTEEN OF THE EDUCATION
LAW; fourteen days before a village election conducted by the board of
elections; and forty-five days before a special election. A voter who
submits a military ballot application shall be entitled to a military
ballot thereafter for each subsequent election through and including the
next two regularly scheduled general elections held in even numbered
years, including any run-offs which may occur; provided, however, such
application shall not be valid for any election held within seven days
after its receipt. Ballots shall also be mailed to any qualified mili-
tary voter who is already registered and who requests such military
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08380-02-3
S. 3824 2 A. 5180
ballot from such board of elections in a letter, which is signed by the
voter and received by the board of elections not later than the seventh
day before the election for which the ballot is requested and which
states the address where the voter is registered and the address to
which the ballot is to be mailed. The board of elections shall enclose
with such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the ballot of the
party with which the military voter is enrolled according to the mili-
tary voter's registration records. In the event a primary election is
uncontested in the military voter's election district for all offices or
positions except the party position of member of the ward, town, city or
county committee, no ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
S 2. This act shall take effect immediately.