S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5507
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to deadlines  for  special
   presidential ballot applications for military voters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5 of section 10-106 of  the  election  law,  as
 amended  by  chapter  113  of  the  laws  of 2023, is amended to read as
 follows:
   5. The state board of elections shall forward to the appropriate board
 of elections all applications for military ballots received  by  it.  An
 application  from  a  military  voter  not previously registered must be
 received by the appropriate board of elections not later than  ten  days
 before  a  general, primary, or special election in order to entitle the
 applicant to vote at such election. An application from a military voter
 who is already registered must be received at least [seven] FIFTEEN days
 before an election in order to entitle the applicant  to  vote  at  such
 election;  except  that  an  application  from such a military voter who
 delivers their application to the board of elections in person, must  be
 received not later than the day before the election.
   §  2. Paragraph (a) of subdivision 1 of section 10-108 of the election
 law, as amended by chapter 164 of the laws of 2022, 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
 forty-six  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;  fourteen  days  before  a  village
 election conducted by the board of elections; forty-five days  before  a

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06690-01-5
              

 A. 5507                             2
 
 special  election;  and twenty-three days before a special election held
 pursuant to paragraph b of subdivision three of section forty-two of the
 public officers law. 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]  FIFTEEN days after its receipt. Ballots
 shall also be mailed to any qualified  military  voter  who  is  already
 registered  and  who  requests  such  military 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] FIFTEENTH 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 military  voter's  registra-
 tion  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 commit-
 tee, 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] SUCH MILITARY VOTER will not receive a ballot.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.