NY State Senate Bill 2017-S2976A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 11, 2018	amended on third reading (t) 2976a
May 02, 2018	advanced to third reading
May 01, 2018	2nd report cal.
Apr 30, 2018	1st report cal.888
Jan 03, 2018	referred to elections
Jun 21, 2017	committed to rules
Mar 08, 2017	advanced to third reading
Mar 07, 2017	2nd report cal.
Mar 06, 2017	1st report cal.319
Jan 18, 2017	referred to elections

Votes

- Apr 30, 2018 - Elections Committee Vote
  S2976A
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 30, 2018
      
      aye (7)
      
      Akshar
      
      Amedore
      
      Avella
      
      Dilan
      
      Gallivan
      
      Marchione
      
      Tedisco
      
      aye wr (2)
      
      Kavanagh
      
      Krueger
  Mar 6, 2017 - Elections Committee Vote
  S2976A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 6, 2017
      
      aye (8)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Tedisco
      
      excused (1)
      
      Dilan

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S2976 - Details

See Assembly Version of this Bill:: A11052
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §2018-d, amd §2613, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3824
2015-2016: S4664
2019-2020: S5184, A7293

2017-S2976 - Summary

Relates 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 budget and school district public library budget and referenda.

2017-S2976 - Sponsor Memo

                                 BILL NUMBER:  S2976

 TITLE OF BILL :  An act to amend the election law, in relation to
military ballots and elections for school boards of education and
school budgets

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would make the law relating to military ballots
applicable to school elections.

 SUMMARY OF SPECIFIC PROVISIONS :

Paragraph (a) of subdivision 1 of Section 10108 of the Election Law,
as amended by Chapter 4 of the Laws of 2011, is amended to provide
that ballots for military voters shall be mailed or otherwise
distributed by the Board of Elections for any common, union free,
central or central high school district election for which absentee
ballots are required to be provided pursuant to Sections 2018-a,
2018-b, or 2613 of the Education Law.

 JUSTIFICATION :

Under existing law, persons serving in the military, including spouses
and dependents may register as military voters in New York State. This
entitles them to receive an absentee ballot for all federal, state,

local elections and New York City, and Buffalo school district
elections. Absentee ballots are not provided for military voters for
school elections outside New York City and Buffalo. Once an eligible
person is registered as a military voter, that person automatically
gets an absentee ballot for two federal election cycles. Military
voters can get their ballot by mail, fax or e-mail. However, the
ballot must be returned by postal mail.

The members of our military and their families make great sacrifices
through their service to protect all of the freedoms we enjoy,
including the right to vote. It is illogical that they cannot fully
enjoy that right themselves. This legislation would make military
voting available for all school elections for which absentee ballots
are already authorized. Each County Board of Elections would have the
responsibility of getting the school election ballots to military
voters.

 PRIOR LEGISLATIVE HISTORY :

2015-16: A.6726/S.4664
2013-14: A.5180/S.3824

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2976 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2976                                                  A. 2346
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Elections
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE, LAVINE, SKOUFIS, COLTON,
   RAIA -- Multi-Sponsored by -- M. of A. HEVESI, HOOPER -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06918-01-7

 S. 2976                             2                            A. 2346
 
 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 will not receive a ballot.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S2976A (ACTIVE) - Details

See Assembly Version of this Bill:: A11052
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §2018-d, amd §2613, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3824
2015-2016: S4664
2019-2020: S5184, A7293

2017-S2976A (ACTIVE) - Summary

2017-S2976A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2976A

SPONSOR: LAVALLE
 
TITLE OF BILL:  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 budget and school district public library budget and
referenda

 
PURPOSE:

This legislation would provide military voters the opportunity to vote
in school district elections.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 2018-d to the education law to
provide military voters the opportunity to cast their ballots for
election of members of the board of education and school district,
public library trustees and the adoption of the annual budget and school
district public library budget and referenda.

Section 2 of the bill amends section 2613 of the education law to extend
the provisions related to military ballots to small city school
districts.

Section 3 of the bill is the immediate effective date.

 
JUSTIFICATION:

Under existing law, persons serving in the military, including spouses
and dependents may register as military voters in New York State.  This
entitles them to receive an absentee ballot for all federal, state,
local elections. Once an eligible person is registered as a military
voter, that person automatically gets an absentee ballot for two federal
election cycles. Military voters can get their ballot by mail, fax or
email. However, the ballot must be returned by postal mail. Unfortunate-
ly, such provisions do not extend to ballots for school elections.

The members of our military and their families make great sacrifices
through their service to protect all of the freedoms we enjoy, including
the right to vote. It is illogical that they cannot fully enjoy that
right themselves. This legislation would make military voting available
for all school elections for which absentee ballots are already author-
ized.

 
LEGISLATIVE HISTORY:

2015-16 S.4664 A16726;
2013-14 S.3824/A.5180.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2017-S2976A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2976--A
     Cal. No. 888
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens. LAVALLE, AVELLA -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   recommitted  to  the  Committee on Elections in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06918-02-8

 S. 2976--A                          2
 
 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.
   (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.

 S. 2976--A                          3
 
   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-
 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.

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Senate Bill S2976A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Apr 30, 2018 - Elections Committee Vote

Elections Committee Vote: Apr 30, 2018

Mar 6, 2017 - Elections Committee Vote

Elections Committee Vote: Mar 6, 2017

Bill Amendments

co-Sponsors

2017-S2976 - Details

2017-S2976 - Summary

2017-S2976 - Sponsor Memo

2017-S2976 - Bill Text download pdf

co-Sponsors

2017-S2976A (ACTIVE) - Details

2017-S2976A (ACTIVE) - Summary

2017-S2976A (ACTIVE) - Sponsor Memo

2017-S2976A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2976A

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Tony Avella

2017-S2976 - Details

2017-S2976 - Summary

2017-S2976 - Sponsor Memo

2017-S2976 - Bill Text download pdf

co-Sponsors

Tony Avella

2017-S2976A (ACTIVE) - Details

2017-S2976A (ACTIVE) - Summary

2017-S2976A (ACTIVE) - Sponsor Memo

2017-S2976A (ACTIVE) - Bill Text download pdf

Comments