What's happening
This bill requires that absentee or military ballots cast by service members who die in combat before Election Day still be counted.
Why it matters
Honors the intent and sacrifice of military voters. by ensuring that service members who participate in elections but die in combat before Election Day still have their votes counted, acknowledging their engagement in democracy.
Addresses a gap in current election law. where previously, ballots of deceased voters (including military) might be disqualified, thereby extending voting rights protections specifically to those killed in service.
May impact close elections. by counting ballots that otherwise would have been invalidated, potentially influencing outcomes in tight races, especially in districts with significant military populations.
Sets a legal and moral precedent. for other states or jurisdictions, reinforcing the principle that military service and sacrifice should not negate a citizen’s right to have their vote counted if cast while alive and eligible.
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Count Deceased Soldiers' Ballots
Plain English, a few words. Used as the page title.
Sponsors
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History
- Held for consideration in election law
- Referred to election law
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Count Deceased Soldiers' Ballots
In Assembly Committee · Election Law · Sponsor Thomas Croci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4342
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
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 Assembly, do enact as follows:
Section 1. The military law is amended by adding a new section 234 to read as follows:
§ 234. Counting of ballots of deceased military personnel. Any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, Army Reserve, Naval Reserve, Marine Corps 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, in the event that such service member dies as a result of participating in combat operations before the date of the scheduled election for which it was cast.
§ 2. The election law is amended by adding a new section 8-413 to read as follows:
§ 8-413. Counting of ballots of deceased military personnel. Any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, Army Reserve, Naval Reserve, Marine Corps 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, in the event that such service member dies as a result of participating in combat operations before the date of the scheduled election for which it was cast.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00538-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.