S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11052
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to  military  voters  and
   ballots  for  election of members of the board of education and school
   district public library trustees, and the adoption of the annual budg-
   et and school district public library budget and referenda

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2018-d
 to read as follows:
   §  2018-D.  MILITARY VOTERS. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MILITARY SERVICE" MEANS THE MILITARY SERVICE OF THE STATE, OR  OF
 THE  UNITED  STATES,  INCLUDING THE ARMY, NAVY, MARINE CORPS, AIR FORCE,
 COAST GUARD, MERCHANT MARINE AND ALL COMPONENTS THEREOF, AND  THE  COAST
 AND  GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, THE NATIONAL GUARD WHEN
 IN THE SERVICE OF THE UNITED STATES PURSUANT TO CALL AS PROVIDED BY LAW,
 AND THE CADETS OR MIDSHIPMEN OF  THE  UNITED  STATES  MILITARY  ACADEMY,
 UNITED  STATES NAVAL ACADEMY, UNITED STATES AIR FORCE ACADEMY AND UNITED
 STATES COAST GUARD ACADEMY.
   (B) "MILITARY VOTER" MEANS A QUALIFIED VOTER OF THE STATE OF NEW  YORK
 WHO  IS  IN ACTUAL MILITARY SERVICE, AS DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, AND BY REASON OF SUCH MILITARY SERVICE IS ABSENT  FROM  HIS
 OR  HER  DISTRICT ON THE DAY OF REGISTRATION OR ELECTION, OR A VOTER WHO
 IS DISCHARGED FROM SUCH  MILITARY  SERVICE  WITHIN  THIRTY  DAYS  OF  AN
 ELECTION AND THE SPOUSE, PARENT, CHILD OR DEPENDENT OF SUCH VOTER ACCOM-
 PANYING OR BEING WITH HIM OR HER, IF A QUALIFIED VOTER AND A RESIDENT OF
 THE SAME SCHOOL DISTRICT.
   (C)  "MILITARY BALLOT" MEANS THE BALLOT PREPARED, PRINTED AND SUPPLIED
 FOR USE BY THE MILITARY FOR THE ELECTION OF  MEMBERS  OF  THE  BOARD  OF
 EDUCATION  AND  SCHOOL DISTRICT PUBLIC LIBRARY TRUSTEES, THE ADOPTION OF
 THE ANNUAL BUDGET AND SCHOOL DISTRICT PUBLIC LIBRARY BUDGET AND REFEREN-
 DA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16120-02-8

 A. 11052                            2
 
   (D) "MILITARY ADDRESS" MEANS THE MAILING ADDRESS OF A  MILITARY  VOTER
 OTHER THAN HIS OR HER RESIDENCE ADDRESS IN HIS OR HER SCHOOL DISTRICT.
   (E)  "APPROPRIATE SCHOOL BOARD OF EDUCATION" MEANS THE BOARD OF EDUCA-
 TION IN WHOSE JURISDICTION THE MILITARY VOTER  RESIDES  AS  A  QUALIFIED
 VOTER.
   2.  A  MILITARY VOTER MAY DESIGNATE A PREFERENCE TO RECEIVE A MILITARY
 BALLOT BY MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL.  SUCH  DESIG-
 NATION  SHALL  REMAIN IN EFFECT UNTIL REVOKED OR CHANGED BY THE MILITARY
 VOTER. IF A MILITARY VOTER DOES NOT DESIGNATE A PREFERENCE, THE BOARD OF
 EDUCATION SHALL TRANSMIT THE MILITARY  BALLOT  APPLICATION  OR  MILITARY
 BALLOT  BY MAIL. IF A MILITARY VOTER DESIGNATES A PREFERENCE FOR FACSIM-
 ILE TRANSMISSION OR ELECTRONIC MAIL BUT DOES NOT PROVIDE  THE  NECESSARY
 FACSIMILE  NUMBER OR E-MAIL ADDRESS, THE BOARD OF EDUCATION SHALL TRANS-
 MIT THE VOTER REGISTRATION APPLICATION, MILITARY BALLOT  APPLICATION  OR
 MILITARY  BALLOT BY MAIL AND REQUEST THE OMITTED INFORMATION. ALL COMMU-
 NICATIONS TO THE MILITARY VOTER SHALL INCLUDE THE MAILING ADDRESS OF THE
 BOARD OF EDUCATION.
   3. IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY
 A  MILITARY  VOTER, A MILITARY VOTER'S ORIGINAL MILITARY BALLOT APPLICA-
 TION AND MILITARY BALLOT MUST BE RETURNED BY MAIL OR IN PERSON.
   4. BALLOTS FOR MILITARY VOTERS SHALL BE MAILED OR  OTHERWISE  DISTRIB-
 UTED  BY THE BOARD OF EDUCATION, IN ACCORDANCE WITH THE PREFERRED METHOD
 OF TRANSMISSION, AS SOON AS PRACTICABLE, BUT NOT LATER THAN  TWENTY-FIVE
 DAYS  BEFORE ANY ELECTION AS PROVIDED IN THIS ARTICLE, AND FOURTEEN DAYS
 BEFORE ANY ELECTION AS PROVIDED IN ARTICLE FIFTY-THREE OF THIS TITLE.
   5. 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  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 SHALL THEN SIGN
 THE  AFFIRMATION, WITH THE BLANKS PROPERLY FILLED IN. THE INNER AFFIRMA-
 TION ENVELOPE CONTAINING THE MILITARY BALLOT SHALL THEN BE  INSERTED  IN
 THE  OUTER  ENVELOPE  ADDRESSED  TO  THE APPROPRIATE BOARD OF EDUCATION,
 WHICH SHALL BE MAILED OR PERSONALLY DELIVERED TO THE  APPROPRIATE  BOARD
 OF EDUCATION WITHIN THE TIME LIMITS PROVIDED BY THIS ARTICLE.
   6. THE BOARD OF EDUCATION SHALL CAUSE ALL MILITARY BALLOTS RECEIVED BY
 IT BEFORE THE CLOSE OF THE POLLS ON ELECTION DAY AND SHOWING A CANCELLA-
 TION  MARK  OF  THE  UNITED STATES POSTAL SERVICE OR A FOREIGN COUNTRY'S
 POSTAL SERVICE, OR SHOWING A DATED ENDORSEMENT  OF  RECEIPT  BY  ANOTHER
 AGENCY  OF  THE  UNITED STATES GOVERNMENT OR ARE SIGNED AND DATED BY THE
 VOTER AND ONE WITNESS THERETO, WITH A DATE WHICH IS  ASCERTAINED  TO  BE
 NOT LATER THAN THE DAY BEFORE ELECTION AND WHICH MUST BE RECEIVED IN THE
 OFFICE  OF THE CLERK OF THE SCHOOL DISTRICT NOT LATER THAN FIVE P.M.  ON
 THE DAY OF THE ELECTION IN ORDER TO BE CANVASSED.
   7. THE BOARD OF INSPECTORS SHALL THEREAFTER PROCESS  SUCH  BALLOTS  IN
 THE  SAME MANNER AS PROVIDED IN SECTIONS TWO THOUSAND EIGHTEEN-A AND TWO
 THOUSAND EIGHTEEN-B OF THIS  ARTICLE  FOR  THE  CANVASSING  OF  ABSENTEE
 BALLOTS.
   8. THE BOARD OF EDUCATION SHALL DETERMINE, THREE DAYS BEFORE THE FIRST
 DAY  FOR  DISTRIBUTION  OF MILITARY BALLOTS, THE NAMES OF ALL CANDIDATES
 DULY NOMINATED FOR PUBLIC OFFICE AND THE AMENDMENTS, REFERENDA, PROPOSI-
 TIONS AND QUESTIONS TO BE VOTED FOR ON SUCH BALLOTS. IF AT A LATER  DATE
 THE  NOMINATION  OF  ANY  CANDIDATE  NAMED ON A MILITARY BALLOT IS FOUND
 INVALID, THE BALLOT SHALL STILL BE VALID, BUT NO VOTE CAST FOR ANY  SUCH
 CANDIDATE  ON  SUCH BALLOT SHALL BE COUNTED AT THE ELECTION. THE FAILURE
 OF ANY SCHOOL BOARD TO INCLUDE THE NAME OF ANY CANDIDATE OR ANY PROPOSI-

 A. 11052                            3
 
 TION OR QUESTION ON THE MILITARY BALLOT  SHALL  IN  NO  WAY  AFFECT  THE
 VALIDITY  OF THE ELECTION WITH RESPECT TO THE OFFICE FOR WHICH THE NOMI-
 NATION WAS MADE OR THE VALIDITY OF THE MILITARY BALLOT AS TO  ANY  OTHER
 MATTER.
   9.  THE DEPARTMENT IS AUTHORIZED TO TAKE SUCH STEPS AND DO SUCH THINGS
 AS, IN ITS OPINION, ARE NECESSARY TO MAKE EFFECTIVE  THE  PROVISIONS  OF
 ANY OTHER SECTION, IN ORDER TO UTILIZE FULLY ANY FEDERAL OR OTHER FACIL-
 ITIES IN THE DISTRIBUTION OF MILITARY BALLOTS.
   10.  THE  PROVISIONS  OF THIS SECTION SHALL BE LIBERALLY CONSTRUED FOR
 THE PURPOSE OF PROVIDING MILITARY VOTERS THE OPPORTUNITY  TO  VOTE.  THE
 DEPARTMENT  SHALL  HAVE  POWER  TO  ADOPT  AND PROMULGATE REGULATIONS TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 2. Section 2613 of the education law, as amended by chapter  307  of
 the laws of 2000, is amended to read as follows:
   § 2613. Absentee  AND MILITARY ballots. The board of education of each
 city school district to which this article  applies  shall  provide  for
 absentee  ballots in accordance with the provisions of section two thou-
 sand eighteen-a of this [chapter] TITLE, AND MILITARY BALLOTS IN ACCORD-
 ANCE WITH SECTION TWO THOUSAND EIGHTEEN-D OF THIS TITLE.
   § 3. This act shall take effect immediately.