S T A T E O F N E W Y O R K
________________________________________________________________________
4977
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
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Introduced by M. of A. ORTIZ, McDONOUGH, MALLIOTAKIS -- read once and
referred to the Committee on Election Law
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. Article 11 of 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 NOTWITHSTANDING THE DEATH OF
SUCH SERVICE MEMBER, RESULTING FROM INJURIES SUSTAINED WHILE HE OR SHE
WAS PRESENT IN A COMBAT THEATER OR COMBAT ZONE OF OPERATIONS, 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 NOTWITHSTANDING THE DEATH
OF SUCH SERVICE MEMBER, RESULTING FROM INJURIES SUSTAINED WHILE HE OR
SHE WAS PRESENT IN A COMBAT THEATER OR COMBAT ZONE OF 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.
LBD07146-02-3