S T A T E   O F   N E W   Y O R K
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    S. 3824                                                  A. 5180

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 21, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Elections

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Election Law

AN ACT to amend the election law, in relation to  military  ballots  and
  elections for school boards of education and school budgets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  10-108  of  the
election law, as amended by chapter 4 of the laws of 2011, 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
thirty-two  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 OR ANY COMMON, UNION FREE, CENTRAL OR
CENTRAL HIGH SCHOOL DISTRICT ELECTION FOR  WHICH  ABSENTEE  BALLOTS  ARE
REQUIRED  TO  BE  PROVIDED PURSUANT TO SECTIONS TWO THOUSAND EIGHTEEN-A,
TWO THOUSAND EIGHTEEN-B, OR TWENTY-SIX HUNDRED THIRTEEN OF THE EDUCATION
LAW; fourteen days before a village election conducted by the  board  of
elections;  and  forty-five  days before a special election. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08380-02-3
              

S. 3824                             2                            A. 5180

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 will not receive a ballot.
  S 2. This act shall take effect immediately.