BILL NUMBER:S2421

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.