senate Bill S2655A

2013-2014 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

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to election law
delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.140
Jan 08, 2014 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
May 20, 2013 referred to election law
delivered to assembly
passed senate
May 07, 2013 amended on third reading 2655a
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.350
Jan 23, 2013 referred to veterans, homeland security and military affairs

Votes

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Feb 4, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S2655A
13
0
committee
13
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: Feb 4, 2014

Apr 16, 2013 - Veterans, Homeland Security and Military Affairs committee Vote

S2655
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 16, 2013

absent (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2655 - Bill Details

Current Committee:
Law Section:
Military Law
Laws Affected:
Add §234, Mil L; add §8-413, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2421
2009-2010: A8077

S2655 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2655

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
________________________________________________________________________

                                  2655

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty 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, 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,  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 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,
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.
                                                           LBD07146-01-3

Co-Sponsors

S2655A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Military Law
Laws Affected:
Add §234, Mil L; add §8-413, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2421
2009-2010: A8077

S2655A (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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

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