BILL NUMBER: S9083
SPONSOR: ADDABBO
 
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 provides that in the event that a service member who has cast-
ed an absentee ballot, dies in combat before the date of the scheduled
election, their ballot shall still be counted towards the election for
which it was cast.
 
SUMMARY OF PROVISIONS:
Section One amends the military law to provide for the counting of
absentee ballots casted by deceased military personnel.
Section Two amends the election law to make corresponding changes.
Section Three provides the effective date.
 
JUSTIFICATION:
New York State law prohibits the counting of an absentee ballot cast by
any individual who died prior to the date of the election for which it
was cast. Although this prohibition is generally good public policy,
aimed at preventing voter fraud, an exception to this rule needs to be
made for active-duty service members who made the ultimate sacrifice,
dying in defense of our country. To fail to allow this exception denies
these heroes of their final act of citizenship.
 
LEGISLATIVE HISTORY:
2017/18: S944 - Passed Senate
2015/16: S2939 - Passed Senate
2013/14: S2655 - Passed Senate
2011/12: S2421 - Passed Senate
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.