Provides that the ballots of deceased military personnel shall be counted toward the election for which they were cast

2 Co-sponsors

• Hugh T. Farley
• William J. Larkin Jr.

BILL NUMBER:S2421

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 would require that absentee or military ballots of any active duty service member be counted even if such service member dies before the date of the election for which it was cast.

Summary of specific provisions

Specifically, this bill would add a new section 234 of the military law, and a new section 8-413 of the election law, to provide that any member of the Army, Navy, Air Force, Marines, Coast Guard, Army Reserve, Naval Reserve, Marine Reserve, Air Force Reserve, National Guard, New York Army National Guard, New York Air National Guard, New York Guard or Naval Militia, who casts an absentee or military ballot while on active duty, shall have such ballot be counted, even in the event that such service member dies before the date of the scheduled election on which it was cast.

Justification

Presently, pursuant to New York State Law, if any voter casts an absentee or military ballot, and is killed before the date of the election for which it was cast, such ballot is deemed invalid and is not counted. This is due to the reasoning that such person, who is voting by means of such ballot, would not be able to actually vote in person at the polls, due to the fact that they would have predeceased the election. Such rule seeks to prevent voter fraud that could occurring from the casting of ballots of deceased voters.

Although this law is generally a good public policy, an exception to this rule needs to be made for active duty service members. For any active duty service member, who makes the ultimate sacrifice in defense of our freedom, should not be denied in death, their final act as a citizen of our great country. In such a case, there is no incentive or propensity for fraud. To fail to do so, to deny that right, to someone who has died in the service to both New York and the United States, would be both unseemly and unconscionable. As a result, a grateful nation should do no less to honor the memory of that service member, than to count their duly and properly cast vote. This bill would do just that.

Prior legislative history

2008: S.6493 - Reported to Rules.

Budget implications

None noted.

Effective date

This act would take effect immediately.