S T A T E O F N E W Y O R K
________________________________________________________________________
4342
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. ORTIZ -- 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. The military law is amended by adding a new section 234 to
read as follows:
§ 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.
§ 2. The election law is amended by adding a new section 8-413 to read
as follows:
§ 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00538-01-7