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

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S2655-2013 Actions

• May 20, 2013: referred to election law
• May 20, 2013: DELIVERED TO ASSEMBLY
• May 20, 2013: PASSED SENATE
• May 7, 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

S2655-2013 Meetings

Veterans, Homeland Security and Military Affairs: Apr 16, 2013

S2655-2013 Calendars

Active List: Apr 24, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013

S2655-2013 Votes

S2655-2013 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.

S2655-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2655

                         2013-2014 Regular Sessions

                              I N  SENATE

                              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