STATE OF NEW YORK
________________________________________________________________________
3094
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Election Law
AN ACT to amend the military law and the election law, in relation to
the counting of ballots of deceased military personnel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The military law is amended by adding a new section 234 to
2 read as follows:
3 § 234. Counting of ballots of deceased military personnel. Any member
4 of the Army, Navy, Air Force, Marine Corps, Coast Guard, Army Reserve,
5 Naval Reserve, Marine Corps Reserve, Air Force Reserve, National Guard,
6 New York Army National Guard, New York Air National Guard, New York
7 Guard or Naval Militia, who casts an absentee or military ballot while
8 on active duty, shall have such ballot be counted, in the event that
9 such service member dies as a result of participating in combat oper-
10 ations before the date of the scheduled election for which it was cast.
11 § 2. The election law is amended by adding a new section 8-413 to read
12 as follows:
13 § 8-413. Counting of ballots of deceased military personnel. Any
14 member of the Army, Navy, Air Force, Marine Corps, Coast Guard, Army
15 Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve,
16 National Guard, New York Army National Guard, New York Air National
17 Guard, New York Guard or Naval Militia, who casts an absentee or mili-
18 tary ballot while on active duty, shall have such ballot be counted, in
19 the event that such service member dies as a result of participating in
20 combat operations before the date of the scheduled election for which it
21 was cast.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08122-01-9
