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S05184 Summary:

S05184 Actions:

S05184 Committee Votes:

S05184 Floor Votes:

S05184 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5184
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 12, 2019
                                       ___________
 
        Introduced  by  Sens.  MAYER, LAVALLE -- read twice and ordered printed,
          and when printed to be committed 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:
 
     1    Section 1. The education law is amended by adding a new section 2018-d
     2  to read as follows:
     3    §  2018-d.  Military voters. 1. As used in this section, the following
     4  terms shall have the following meanings:
     5    (a) "Military service" means the military service of the state, or  of
     6  the  United  States,  including the army, navy, marine corps, air force,
     7  coast guard, merchant marine and all components thereof, and  the  coast
     8  and  geodetic survey, the public health service, the national guard when
     9  in the service of the United States pursuant to call as provided by law,
    10  and the cadets or midshipmen of  the  United  States  Military  Academy,
    11  United  States Naval Academy, United States Air Force Academy and United
    12  States Coast Guard Academy.
    13    (b) "Military voter" means a qualified voter of the state of New  York
    14  who  is  in actual military service, as defined in paragraph (a) of this
    15  subdivision, and by reason of such military service is absent  from  his
    16  or  her  district on the day of registration or election, or a voter who
    17  is discharged from such  military  service  within  thirty  days  of  an
    18  election and the spouse, parent, child or dependent of such voter accom-
    19  panying or being with him or her, if a qualified voter and a resident of
    20  the same school district.
    21    (c)  "Military ballot" means the ballot prepared, printed and supplied
    22  for use by the military for the election of  members  of  the  board  of
    23  education  and  school district public library trustees, the adoption of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03306-01-9
        S. 5184                             2
 
     1  the annual budget and school district public library budget and referen-
     2  da.
     3    (d)  "Military  address" means the mailing address of a military voter
     4  other than his or her residence address in his or her school district.
     5    (e) "Appropriate school board of education" means the board of  educa-
     6  tion  in  whose  jurisdiction  the military voter resides as a qualified
     7  voter.
     8    2. A military voter may designate a preference to receive  a  military
     9  ballot  by  mail, facsimile transmission or electronic mail. Such desig-
    10  nation shall remain in effect until revoked or changed by  the  military
    11  voter. If a military voter does not designate a preference, the board of
    12  education  shall  transmit  the  military ballot application or military
    13  ballot by mail. If a military voter designates a preference for  facsim-
    14  ile  transmission  or electronic mail but does not provide the necessary
    15  facsimile number or e-mail address, the board of education shall  trans-
    16  mit  the  voter registration application, military ballot application or
    17  military ballot by mail and request the omitted information. All  commu-
    18  nications to the military voter shall include the mailing address of the
    19  board of education.
    20    3.  Irrespective of the preferred method of transmission designated by
    21  a military voter, a military voter's original military  ballot  applica-
    22  tion and military ballot must be returned by mail or in person.
    23    4.  Ballots  for military voters shall be mailed or otherwise distrib-
    24  uted by the board of education, in accordance with the preferred  method
    25  of  transmission, as soon as practicable, but not later than twenty-five
    26  days before any election as provided in this article, and fourteen  days
    27  before any election as provided in article fifty-three of this title.
    28    5.  The  military voter shall mark the military ballot provided for in
    29  this article in the same manner as an absentee ballot. After marking the
    30  ballot, he or she shall fold such ballot and enclose  it  in  the  inner
    31  affirmation  envelope  bearing  the  military voter's affirmation on the
    32  outside of the envelope and seal the envelope. He or she shall then sign
    33  the affirmation, with the blanks properly filled in. The inner  affirma-
    34  tion  envelope  containing the military ballot shall then be inserted in
    35  the outer envelope addressed to  the  appropriate  board  of  education,
    36  which  shall  be mailed or personally delivered to the appropriate board
    37  of education within the time limits provided by this article.
    38    6. The board of education shall cause all military ballots received by
    39  it before the close of the polls on election day and showing a cancella-
    40  tion mark of the United States postal service  or  a  foreign  country's
    41  postal  service,  or  showing  a dated endorsement of receipt by another
    42  agency of the United States government or are signed and  dated  by  the
    43  voter  and  one  witness thereto, with a date which is ascertained to be
    44  not later than the day before election and which must be received in the
    45  office of the clerk of the school district not later than five p.m.   on
    46  the day of the election in order to be canvassed.
    47    7.  The  board  of inspectors shall thereafter process such ballots in
    48  the same manner as provided in sections two thousand eighteen-a and  two
    49  thousand  eighteen-b  of  this  article  for  the canvassing of absentee
    50  ballots.
    51    8. The board of education shall determine, three days before the first
    52  day for distribution of military ballots, the names  of  all  candidates
    53  duly nominated for public office and the amendments, referenda, proposi-
    54  tions  and questions to be voted for on such ballots. If at a later date
    55  the nomination of any candidate named on  a  military  ballot  is  found
    56  invalid,  the ballot shall still be valid, but no vote cast for any such
        S. 5184                             3

     1  candidate on such ballot shall be counted at the election.  The  failure
     2  of any school board to include the name of any candidate or any proposi-
     3  tion  or  question  on  the  military  ballot shall in no way affect the
     4  validity  of the election with respect to the office for which the nomi-
     5  nation was made or the validity of the military ballot as to  any  other
     6  matter.
     7    9.  The department is authorized to take such steps and do such things
     8  as, in its opinion, are necessary to make effective  the  provisions  of
     9  any other section, in order to utilize fully any federal or other facil-
    10  ities in the distribution of military ballots.
    11    10.  The  provisions  of this section shall be liberally construed for
    12  the purpose of providing military voters the opportunity  to  vote.  The
    13  department  shall  have  power  to  adopt  and promulgate regulations to
    14  effectuate the provisions of this section.
    15    § 2. Section 2613 of the education law, as amended by chapter  307  of
    16  the laws of 2000, is amended to read as follows:
    17    § 2613. Absentee  and military ballots. The board of education of each
    18  city school district to which this article  applies  shall  provide  for
    19  absentee  ballots in accordance with the provisions of section two thou-
    20  sand eighteen-a of this [chapter] title, and military ballots in accord-
    21  ance with section two thousand eighteen-d of this title.
    22    § 3. This act shall take effect immediately.