Fy z. JUAN CARLOS "J.C POLANCO PRESIDENT GREGORY c, SOUMAS ‘SECRETARY EXECUTE DIRECTOR DAWN SANDOW Derury EXECUTE DiRecTOR PAMELA GREEN PERKINS, *Xxouaaacen” = BOARD OF ELECTIONS Aowsraarve Manage “ JULIE DENT NANCY MOTTOLA-SCHACHER ‘THE CITY OF NEW YORK MICHAEL J. RYAN EXECUTIVE OFFICE, 32 BROADWAY JP. SPP. NY 10004-1609 JUDITH D. STUPP (212) 487. FREDERICM, UMANE FAX @12) 487-5349 ‘Commssionens rw vote. nye ry. as February 2, 2011 Hon. Joan L. Millman Chair, Committee on Election Law New York State Assembly 815 Legislative Office Building Albany, NY 12248 Hon. Thomas F. O'Mara Chair, Committee on Elections New York State Senate Albany, NY 12247 Dear Senator O'Mara and Assembly Member Millman: We are writing to you at the unanimous direction of the Commissioners of Elections in the City of New York given at our public meeting held yesterday, to call to your attention a Conflict of laws that disenfranchises New York State residents who are members of the United States military who vote on military ballots, The Federal MOVE Act, signed into law in 2009, requires that military ballots be sent at least 45 days in advance of an election, For the November 2, 2010 General Election, the federal statute required military ballots to be placed in the mail on or before September 18, 2010. However, New York State Election Law required the Primary Election to be Conducted on September 14, 2010. The New York State Election Lawmandates a seven day post election Period during which military and absentee ballots are to be received and canvassed prior to the certification of election results. Accordingly, the earliest Possible statutory date for Certification of party primary results was September 22, 2010. This clear conflict between the New York State Election Law and the federal MOVE Act serves to disenfranchise military voters by not allowing the minimum statutorily required period for military voters who might require additional time based upon a combat theater locale. Accordingly, we write to ask that the impossibility of performance created by the referenced conflict of laws be resolved immediately. Juan Carlos “J.C.” Polanco Gregory C. Soumas President Secretary ec: Hon. Andrew M. Cuomo, Governor of the State of New York Hon. Michael Bloomberg, Mayor of the City of New York Hon. Bill de Blasio, Public Advocate for the City of New York Hon. Christine Quinn, Speaker of the New York City Council mmissioners of Elections in the City of New York Dawn Sandow, Deputy Executive Director Pamela Perkins, Administrative Manager Steven H. Richman, General Counsel Valerie Vazquez-Rivera, Director of Communications