Bill Text: NY S02976 | 2017-2018 | General Assembly | Amended

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-06-20 - COMMITTED TO RULES [S02976 Detail]

Download: New_York-2017-S02976-Amended.html

                STATE OF NEW YORK
            Cal. No. 888
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2976--A                          2
     1  panying or being with him or her, if a qualified voter and a resident of
     2  the same school district.
     3    (c)  "Military ballot" means the ballot prepared, printed and supplied
     4  for use by the military for the election of  members  of  the  board  of
     5  education  and  school district public library trustees, the adoption of
     6  the annual budget and school district public library budget and referen-
     7  da.
     8    (d) "Military address" means the mailing address of a  military  voter
     9  other than his or her residence address in his or her school district.
    10    (e)  "Appropriate school board of education" means the board of educa-
    11  tion in whose jurisdiction the military voter  resides  as  a  qualified
    12  voter.
    13    2.  A  military voter may designate a preference to receive a military
    14  ballot by mail, facsimile transmission or electronic mail.  Such  desig-
    15  nation  shall  remain in effect until revoked or changed by the military
    16  voter. If a military voter does not designate a preference, the board of
    17  education shall transmit the military  ballot  application  or  military
    18  ballot  by mail. If a military voter designates a preference for facsim-
    19  ile transmission or electronic mail but does not provide  the  necessary
    20  facsimile  number or e-mail address, the board of education shall trans-
    21  mit the voter registration application, military ballot  application  or
    22  military  ballot by mail and request the omitted information. All commu-
    23  nications to the military voter shall include the mailing address of the
    24  board of education.
    25    3. Irrespective of the preferred method of transmission designated  by
    26  a  military  voter, a military voter's original military ballot applica-
    27  tion and military ballot must be returned by mail or in person.
    28    4. Ballots for military voters shall be mailed or  otherwise  distrib-
    29  uted  by the board of education, in accordance with the preferred method
    30  of transmission, as soon as practicable, but not later than  twenty-five
    31  days  before any election as provided in this article, and fourteen days
    32  before any election as provided in article fifty-three of this title.
    33    5. The military voter shall mark the military ballot provided  for  in
    34  this article in the same manner as an absentee ballot. After marking the
    35  ballot,  he  or  she  shall fold such ballot and enclose it in the inner
    36  affirmation envelope bearing the military  voter's  affirmation  on  the
    37  outside of the envelope and seal the envelope. He or she shall then sign
    38  the  affirmation, with the blanks properly filled in. The inner affirma-
    39  tion envelope containing the military ballot shall then be  inserted  in
    40  the  outer  envelope  addressed  to  the appropriate board of education,
    41  which shall be mailed or personally delivered to the  appropriate  board
    42  of education within the time limits provided by this article.
    43    6. The board of education shall cause all military ballots received by
    44  it before the close of the polls on election day and showing a cancella-
    45  tion  mark  of  the  United States postal service or a foreign country's
    46  postal service, or showing a dated endorsement  of  receipt  by  another
    47  agency  of  the  United States government or are signed and dated by the
    48  voter and one witness thereto, with a date which is  ascertained  to  be
    49  not later than the day before election and which must be received in the
    50  office  of the clerk of the school district not later than five p.m.  on
    51  the day of the election in order to be canvassed.
    52    7. The board of inspectors shall thereafter process  such  ballots  in
    53  the  same manner as provided in sections two thousand eighteen-a and two
    54  thousand eighteen-b of this  article  for  the  canvassing  of  absentee
    55  ballots.

        S. 2976--A                          3
     1    8. The board of education shall determine, three days before the first
     2  day  for  distribution  of military ballots, the names of all candidates
     3  duly nominated for public office and the amendments, referenda, proposi-
     4  tions and questions to be voted for on such ballots. If at a later  date
     5  the  nomination  of  any  candidate  named on a military ballot is found
     6  invalid, the ballot shall still be valid, but no vote cast for any  such
     7  candidate  on  such ballot shall be counted at the election. The failure
     8  of any school board to include the name of any candidate or any proposi-
     9  tion or question on the military ballot  shall  in  no  way  affect  the
    10  validity  of the election with respect to the office for which the nomi-
    11  nation was made or the validity of the military ballot as to  any  other
    12  matter.
    13    9.  The department is authorized to take such steps and do such things
    14  as, in its opinion, are necessary to make effective  the  provisions  of
    15  any other section, in order to utilize fully any federal or other facil-
    16  ities in the distribution of military ballots.
    17    10.  The  provisions  of this section shall be liberally construed for
    18  the purpose of providing military voters the opportunity  to  vote.  The
    19  department  shall  have  power  to  adopt  and promulgate regulations to
    20  effectuate the provisions of this section.
    21    § 2. Section 2613 of the education law, as amended by chapter  307  of
    22  the laws of 2000, is amended to read as follows:
    23    § 2613. Absentee  and military ballots. The board of education of each
    24  city school district to which this article  applies  shall  provide  for
    25  absentee  ballots in accordance with the provisions of section two thou-
    26  sand eighteen-a of this [chapter] title, and military ballots in accord-
    27  ance with section two thousand eighteen-d of this title.
    28    § 3. This act shall take effect immediately.