S T A T E O F N E W Y O R K
________________________________________________________________________
8257
2025-2026 Regular Sessions
I N A S S E M B L Y
May 5, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law and the education law, in relation to
overseas military voters and special federal voters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 8-408 of the election law is
amended by adding a new paragraph (e) to read as follows:
(E) MILITARY VOTERS AND SPECIAL FEDERAL VOTERS WHO RECEIVE A FEDERAL
POST CARD APPLICATION FORM SHALL BE ABLE TO SUBMIT SUCH FEDERAL POST
CARD APPLICATION FORM USING THE ELECTRONIC ABSENTEE BALLOT APPLICATION
TRANSMITTAL SYSTEM.
§ 2. Subdivision 2 of section 10-107 of the election law, as added by
chapter 104 of the laws of 2010, is amended to read as follows:
2. Irrespective of the preferred method of transmission designated by
a military voter, a military voter's original completed voter registra-
tion application[, military ballot application] and military ballot must
be returned by mail or in person notwithstanding that a prior copy was
sent to the board of elections by facsimile transmission or electronic
mail. A COMPLETED MILITARY BALLOT APPLICATION SUBMITTED THROUGH THE
ELECTRONIC ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM ESTABLISHED
UNDER SECTION 8-408 OF THIS CHAPTER SHALL BE AN ORIGINAL APPLICATION AND
NO CONFORMING PAPER SUBMISSION, INCLUDING BUT NOT LIMITED TO A FEDERAL
POST CARD APPLICATION FORM, SHALL BE REQUIRED TO BE SUBMITTED TO EITHER
THE STATE BOARD OF ELECTIONS OR ANY COUNTY BOARD OF ELECTIONS.
§ 3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11782-04-5
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this article, as soon as practicable but in any event not EARLIER THAN
NINETY DAYS NOR later than [forty-six] SEVENTY-FIVE days before a prima-
ry or general election; twenty-five days before a New York city communi-
ty 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 special election; and twenty-three
days before a special election held pursuant to paragraph b of subdivi-
sion 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 days
after its receipt. Ballots shall also be mailed to any qualified mili-
tary 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
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 mili-
tary voter's registration 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 committee, 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] THEY will not receive a ballot.
§ 4. Section 10-112 of the election law, as amended by chapter 104 of
the laws of 2010, is amended to read as follows:
§ 10-112. Military voter; voting. 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] SUCH MILITARY
VOTER 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] SUCH MILITARY VOTER shall
then sign the affirmation, with the blanks properly filled in. The inner
affirmation envelope containing the military ballot shall then be
inserted in the outer envelope addressed to the appropriate board of
elections, which shall be mailed or personally delivered to such board
of elections of [his or her] SUCH MILITARY VOTER'S county of residence
within the time limits provided by this chapter. A BOARD OF ELECTIONS
SHALL NOT REFUSE TO ACCEPT AND PROCESS ANY VALID MILITARY BALLOT WITHOUT
THE OFFICIAL POST CARD FORM PRESCRIBED UNDER SECTION 101 OF THE
UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (42 USC 1973FF).
§ 5. Subdivisions 1 and 2 of section 10-125 of the election law, as
added by chapter 104 of the laws of 2010, are amended to read as
follows:
1. A board of elections shall not refuse to accept and process any
otherwise valid voter registration application or military ballot appli-
cation (including the official post card form prescribed under section
101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 USC
1973ff)) or marked military ballot submitted by mail or personally
delivered, solely on the basis of the following:
(a) Notarization requirements;
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(b) Restrictions on paper type, including weight and size; [or]
(c) Restrictions on envelope type, including weight and size; OR
(D) NOT INCLUDING THE OFFICIAL POST CARD FORM PRESCRIBED UNDER SECTION
101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (42 USC
1973FF) WITH THE MILITARY BALLOT APPLICATION OR MARKED MILITARY BALLOT.
2. A board of elections shall not refuse to accept and process any
otherwise valid federal write-in absentee ballot submitted in any manner
by a military voter solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; [or]
(c) Restrictions on envelope type, including weight and size; OR
(D) NOT INCLUDING THE OFFICIAL POST CARD FORM PRESCRIBED UNDER SECTION
101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (42 USC
1973FF) WITH THE FEDERAL WRITE-IN ABSENTEE BALLOT.
§ 6. Subdivision 2 of section 11-203 of the election law, as added by
chapter 104 of the laws of 2010, is amended to read as follows:
2. Irrespective of the preferred method of transmission designated by
a special federal voter, a special federal voter's original completed
voter registration application[, special federal ballot application] and
special federal ballot must be returned by mail or in person notwith-
standing that a prior copy was sent to the board of elections by facsim-
ile transmission or electronic mail. A COMPLETED SPECIAL FEDERAL VOTER
BALLOT APPLICATION SUBMITTED THROUGH THE ELECTRONIC ABSENTEE BALLOT
APPLICATION TRANSMITTAL SYSTEM ESTABLISHED UNDER SECTION 8-408 OF THIS
CHAPTER SHALL BE AN ORIGINAL APPLICATION AND NO CONFORMING PAPER
SUBMISSION, INCLUDING BUT NOT LIMITED TO A FEDERAL POST CARD APPLICATION
FORM, SHALL BE REQUIRED TO BE SUBMITTED TO EITHER THE STATE BOARD OF
ELECTIONS OR ANY COUNTY BOARD OF ELECTIONS.
§ 7. Subdivision 1 of section 11-210 of the election law, as amended
by chapter 262 of the laws of 2003, is amended to read as follows:
1. Not earlier than [sixty] NINETY or later than [forty] SEVENTY-FIVE
days before each general or primary election in which special federal
voters are eligible to vote, the board of elections shall mail to each
voter who is eligible to vote in such election and who was registered
pursuant to this title for the previous election at which such voters
were eligible to vote, the application for a special federal ballot
provided for by this title[; provided, however, the board of elections
shall not send such an application to any person who has applied for a
ballot and who is entitled to receive a ballot for such election].
§ 8. Subdivisions 1 and 2 of section 11-219 of the election law, as
added by chapter 104 of the laws of 2010, are amended to read as
follows:
1. A board of elections shall not refuse to accept and process any
otherwise valid voter registration application or special federal ballot
application (including the official post card form prescribed under
section 101 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 USC 1973ff)) or marked special federal ballot submitted by mail or
personally delivered, solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; [or]
(c) Restrictions on envelope type, including weight and size; OR
(D) NOT INCLUDING THE OFFICIAL POST CARD FORM PRESCRIBED UNDER SECTION
101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (42 USC
1973FF) WITH THE SPECIAL FEDERAL BALLOT APPLICATION OR MARKED SPECIAL
FEDERAL BALLOT.
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2. A board of elections shall not refuse to accept and process any
otherwise valid federal write-in absentee ballot submitted in any manner
by a special federal voter solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; [or]
(c) Restrictions on envelope type, including weight and size; OR
(D) NOT INCLUDING THE OFFICIAL POST CARD FORM PRESCRIBED UNDER SECTION
101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (42 USC
1973FF) WITH THE FEDERAL WRITE-IN ABSENTEE BALLOT.
§ 9. Section 305 of the education law is amended by adding a new
subdivision 63 to read as follows:
63. THE COMMISSIONER SHALL REQUIRE INSTITUTIONS OF HIGHER EDUCATION TO
PROVIDE ALL ENROLLED STUDENTS WHICH ARE PARTICIPATING IN CLASSES OR
EDUCATIONAL EXPERIENCES WHILE IN ANOTHER COUNTRY DURING A PRIMARY OR
GENERAL ELECTION WITH AN ELECTRONIC FORM FOR A FEDERAL POST CARD APPLI-
CATION OR A LINK TO SUCH A FORM OR APPLICATION WITH CLEAR DIRECTION ON
HOW TO VOTE FROM ANOTHER COUNTRY AT LEAST ONE WEEK PRIOR TO THE START OF
SUCH CLASSES OR EDUCATIONAL EXPERIENCES IN ANOTHER COUNTRY.
§ 10. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.