S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5184
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sens.  MAYER, LAVALLE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  military  voters  and
   ballots  for  election of members of the board of education and school
   district public library trustees, and the adoption of the annual budg-
   et and school district public library budget and referenda
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2018-d
 to read as follows:
   §  2018-D.  MILITARY VOTERS. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MILITARY SERVICE" MEANS THE MILITARY SERVICE OF THE STATE, OR  OF
 THE  UNITED  STATES,  INCLUDING THE ARMY, NAVY, MARINE CORPS, AIR FORCE,
 COAST GUARD, MERCHANT MARINE AND ALL COMPONENTS THEREOF, AND  THE  COAST
 AND  GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, THE NATIONAL GUARD WHEN
 IN THE SERVICE OF THE UNITED STATES PURSUANT TO CALL AS PROVIDED BY LAW,
 AND THE CADETS OR MIDSHIPMEN OF  THE  UNITED  STATES  MILITARY  ACADEMY,
 UNITED  STATES NAVAL ACADEMY, UNITED STATES AIR FORCE ACADEMY AND UNITED
 STATES COAST GUARD ACADEMY.
   (B) "MILITARY VOTER" MEANS A QUALIFIED VOTER OF THE STATE OF NEW  YORK
 WHO  IS  IN ACTUAL MILITARY SERVICE, AS DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, AND BY REASON OF SUCH MILITARY SERVICE IS ABSENT  FROM  HIS
 OR  HER  DISTRICT ON THE DAY OF REGISTRATION OR ELECTION, OR A VOTER WHO
 IS DISCHARGED FROM SUCH  MILITARY  SERVICE  WITHIN  THIRTY  DAYS  OF  AN
 ELECTION AND THE SPOUSE, PARENT, CHILD OR DEPENDENT OF SUCH VOTER ACCOM-
 PANYING OR BEING WITH HIM OR HER, IF A QUALIFIED VOTER AND A RESIDENT OF
 THE SAME SCHOOL DISTRICT.
   (C)  "MILITARY BALLOT" MEANS THE BALLOT PREPARED, PRINTED AND SUPPLIED
 FOR USE BY THE MILITARY FOR THE ELECTION OF  MEMBERS  OF  THE  BOARD  OF
 EDUCATION  AND  SCHOOL DISTRICT PUBLIC LIBRARY TRUSTEES, THE ADOPTION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03306-01-9

 S. 5184                             2
 
 THE ANNUAL BUDGET AND SCHOOL DISTRICT PUBLIC LIBRARY BUDGET AND REFEREN-
 DA.
   (D)  "MILITARY  ADDRESS" MEANS THE MAILING ADDRESS OF A MILITARY VOTER
 OTHER THAN HIS OR HER RESIDENCE ADDRESS IN HIS OR HER SCHOOL DISTRICT.
   (E) "APPROPRIATE SCHOOL BOARD OF EDUCATION" MEANS THE BOARD OF  EDUCA-
 TION  IN  WHOSE  JURISDICTION  THE MILITARY VOTER RESIDES AS A QUALIFIED
 VOTER.
   2. A MILITARY VOTER MAY DESIGNATE A PREFERENCE TO RECEIVE  A  MILITARY
 BALLOT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL. SUCH DESIG-
 NATION SHALL REMAIN IN EFFECT UNTIL REVOKED OR CHANGED BY  THE  MILITARY
 VOTER. IF A MILITARY VOTER DOES NOT DESIGNATE A PREFERENCE, THE BOARD OF
 EDUCATION  SHALL  TRANSMIT  THE  MILITARY BALLOT APPLICATION OR MILITARY
 BALLOT BY MAIL. IF A MILITARY VOTER DESIGNATES A PREFERENCE FOR  FACSIM-
 ILE  TRANSMISSION  OR ELECTRONIC MAIL BUT DOES NOT PROVIDE THE NECESSARY
 FACSIMILE NUMBER OR E-MAIL ADDRESS, THE BOARD OF EDUCATION SHALL  TRANS-
 MIT  THE  VOTER REGISTRATION APPLICATION, MILITARY BALLOT APPLICATION OR
 MILITARY BALLOT BY MAIL AND REQUEST THE OMITTED INFORMATION. ALL  COMMU-
 NICATIONS TO THE MILITARY VOTER SHALL INCLUDE THE MAILING ADDRESS OF THE
 BOARD OF EDUCATION.
   3.  IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY
 A MILITARY VOTER, A MILITARY VOTER'S ORIGINAL MILITARY  BALLOT  APPLICA-
 TION AND MILITARY BALLOT MUST BE RETURNED BY MAIL OR IN PERSON.
   4.  BALLOTS  FOR MILITARY VOTERS SHALL BE MAILED OR OTHERWISE DISTRIB-
 UTED BY THE BOARD OF EDUCATION, IN ACCORDANCE WITH THE PREFERRED  METHOD
 OF  TRANSMISSION, AS SOON AS PRACTICABLE, BUT NOT LATER THAN TWENTY-FIVE
 DAYS BEFORE ANY ELECTION AS PROVIDED IN THIS ARTICLE, AND FOURTEEN  DAYS
 BEFORE ANY ELECTION AS PROVIDED IN ARTICLE FIFTY-THREE OF THIS TITLE.
   5.  THE  MILITARY VOTER SHALL MARK THE MILITARY BALLOT PROVIDED FOR IN
 THIS ARTICLE IN THE SAME MANNER AS AN ABSENTEE BALLOT. AFTER MARKING THE
 BALLOT, HE OR SHE SHALL FOLD SUCH BALLOT AND ENCLOSE  IT  IN  THE  INNER
 AFFIRMATION  ENVELOPE  BEARING  THE  MILITARY VOTER'S AFFIRMATION ON THE
 OUTSIDE OF THE ENVELOPE AND SEAL THE ENVELOPE. HE OR SHE SHALL THEN SIGN
 THE AFFIRMATION, WITH THE BLANKS PROPERLY FILLED IN. THE INNER  AFFIRMA-
 TION  ENVELOPE  CONTAINING THE MILITARY BALLOT SHALL THEN BE INSERTED IN
 THE OUTER ENVELOPE ADDRESSED TO  THE  APPROPRIATE  BOARD  OF  EDUCATION,
 WHICH  SHALL  BE MAILED OR PERSONALLY DELIVERED TO THE APPROPRIATE BOARD
 OF EDUCATION WITHIN THE TIME LIMITS PROVIDED BY THIS ARTICLE.
   6. THE BOARD OF EDUCATION SHALL CAUSE ALL MILITARY BALLOTS RECEIVED BY
 IT BEFORE THE CLOSE OF THE POLLS ON ELECTION DAY AND SHOWING A CANCELLA-
 TION MARK OF THE UNITED STATES POSTAL SERVICE  OR  A  FOREIGN  COUNTRY'S
 POSTAL  SERVICE,  OR  SHOWING  A DATED ENDORSEMENT OF RECEIPT BY ANOTHER
 AGENCY OF THE UNITED STATES GOVERNMENT OR ARE SIGNED AND  DATED  BY  THE
 VOTER  AND  ONE  WITNESS THERETO, WITH A DATE WHICH IS ASCERTAINED TO BE
 NOT LATER THAN THE DAY BEFORE ELECTION AND WHICH MUST BE RECEIVED IN THE
 OFFICE OF THE CLERK OF THE SCHOOL DISTRICT NOT LATER THAN FIVE P.M.   ON
 THE DAY OF THE ELECTION IN ORDER TO BE CANVASSED.
   7.  THE  BOARD  OF INSPECTORS SHALL THEREAFTER PROCESS SUCH BALLOTS IN
 THE SAME MANNER AS PROVIDED IN SECTIONS TWO THOUSAND EIGHTEEN-A AND  TWO
 THOUSAND  EIGHTEEN-B  OF  THIS  ARTICLE  FOR  THE CANVASSING OF ABSENTEE
 BALLOTS.
   8. THE BOARD OF EDUCATION SHALL DETERMINE, THREE DAYS BEFORE THE FIRST
 DAY FOR DISTRIBUTION OF MILITARY BALLOTS, THE NAMES  OF  ALL  CANDIDATES
 DULY NOMINATED FOR PUBLIC OFFICE AND THE AMENDMENTS, REFERENDA, PROPOSI-
 TIONS  AND QUESTIONS TO BE VOTED FOR ON SUCH BALLOTS. IF AT A LATER DATE
 THE NOMINATION OF ANY CANDIDATE NAMED ON  A  MILITARY  BALLOT  IS  FOUND
 INVALID,  THE BALLOT SHALL STILL BE VALID, BUT NO VOTE CAST FOR ANY SUCH

 S. 5184                             3

 CANDIDATE ON SUCH BALLOT SHALL BE COUNTED AT THE ELECTION.  THE  FAILURE
 OF ANY SCHOOL BOARD TO INCLUDE THE NAME OF ANY CANDIDATE OR ANY PROPOSI-
 TION  OR  QUESTION  ON  THE  MILITARY  BALLOT SHALL IN NO WAY AFFECT THE
 VALIDITY  OF THE ELECTION WITH RESPECT TO THE OFFICE FOR WHICH THE NOMI-
 NATION WAS MADE OR THE VALIDITY OF THE MILITARY BALLOT AS TO  ANY  OTHER
 MATTER.
   9.  THE DEPARTMENT IS AUTHORIZED TO TAKE SUCH STEPS AND DO SUCH THINGS
 AS, IN ITS OPINION, ARE NECESSARY TO MAKE EFFECTIVE  THE  PROVISIONS  OF
 ANY OTHER SECTION, IN ORDER TO UTILIZE FULLY ANY FEDERAL OR OTHER FACIL-
 ITIES IN THE DISTRIBUTION OF MILITARY BALLOTS.
   10.  THE  PROVISIONS  OF THIS SECTION SHALL BE LIBERALLY CONSTRUED FOR
 THE PURPOSE OF PROVIDING MILITARY VOTERS THE OPPORTUNITY  TO  VOTE.  THE
 DEPARTMENT  SHALL  HAVE  POWER  TO  ADOPT  AND PROMULGATE REGULATIONS TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 2. Section 2613 of the education law, as amended by chapter  307  of
 the laws of 2000, is amended to read as follows:
   § 2613. Absentee  AND MILITARY ballots. The board of education of each
 city school district to which this article  applies  shall  provide  for
 absentee  ballots in accordance with the provisions of section two thou-
 sand eighteen-a of this [chapter] TITLE, AND MILITARY BALLOTS IN ACCORD-
 ANCE WITH SECTION TWO THOUSAND EIGHTEEN-D OF THIS TITLE.
   § 3. This act shall take effect immediately.