What's happening
This bill authorizes New York boards of elections to establish absentee ballot drop-off locations and sets rules for their use and security.
Why it matters
Improves voting accessibility and convenience. by allowing voters to return absentee ballots in secure drop boxes, which can be easier and more reliable than mailing, especially for those with limited postal access or concerns about mail delays.
Requires transparency and public notification. by mandating that boards of elections post the location of every drop-off site online as soon as it is established, helping voters find and use these locations.
Establishes rules for ballot security and chain of custody. , directing the state Board of Elections to set standards for where boxes can be placed, how ballots are picked up, and how drop boxes are labeled and secured—potentially reducing risks of tampering or loss.
Clarifies ballot handling and counting procedures. , specifying that ballots deposited in drop boxes before polls close are considered timely and must be collected when polls close, reducing ambiguity or disputes over late-arriving absentee ballots.
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Headline styles
Allow Ballot Drop-Off Boxes
Plain English, a few words. Used as the page title.
Sponsors
History
- 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.
Allow Absentee Ballot Drop Boxes
In Senate Committee · Rules · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10942
IN ASSEMBLY
August 17, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried) -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to authorizing boards of elections to establish absentee ballot drop-off locations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The election law is amended by adding a new section 8-414 to read as follows:
§ 8-414. Absentee ballot drop boxes. 1. For the purposes of this title, the following terms shall have the following meanings:
(a) "absentee ballot drop box" shall mean a secure receptacle established by a board of elections whereby an absentee ballot marked by a voter pursuant to section 8-410 of this title may be returned to the board of elections of the county or city of the voter's residence; and
(b) "absentee ballot drop-off location" shall mean a location consisting of a secured absentee ballot drop box at which an absentee ballot marked by a voter pursuant to section 8-410 of this title may be returned to the board of elections of the county or city of the voter's residence.
2. Each board of elections is hereby authorized to establish one or more absentee ballot drop-off locations as a means for the delivery of absentee ballots marked by a voter to the board of elections of the county or city of the voter's residence. Each such board of elections shall provide notice of the location of every such absentee ballot dropoff location by posting such information on its website no later than the day the absentee ballot drop-off location is established.
3. The state board of elections is hereby authorized and directed to promulgate rules and regulations and may promulgate emergency regulations necessary for the implementation of the provisions of this section, including, but not limited to the location, chain of custody, pick-up times, proper labeling, and security of absentee ballot drop boxes established by boards of elections pursuant to this section.
§ 2. Section 8-410 of the election law, as amended by chapter 352 of the laws of 1986, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17081-01-0
A. 10942 2
§ 8-410. Absentee voting; method of. The absentee voter shall mark an absentee ballot as provided for paper ballots or ballots prepared for counting by ballot counting machines. He shall make no mark or writing whatsoever upon the ballot, except as above prescribed, and shall see that it bears no such mark or writing. He shall make no mark or writing whatsoever on the outside of the ballot. After marking the ballot or ballots he shall fold each such ballot and enclose them in the envelope and seal the envelope. He shall then take and subscribe the oath on the envelope, with blanks properly filled in. The envelope, containing the ballot or ballots, shall then be mailed or delivered to the board of elections of the county or city of his residence or deposited in an absentee ballot drop box established by the board of elections of the county or city of the voter's residence.
§ 3. Subdivision 1 of section 8-412 of the election law, as amended by chapter 91 of the laws of 2020, is amended to read as follows:
1. The board of elections shall cause all absentee ballots received by it before the close of the polls on election day and all ballots contained in envelopes showing a cancellation mark of the United States postal service or a foreign country's postal service, or showing a dated endorsement of receipt by another agency of the United States government, with a date which is ascertained to be not later than the day of the election and received by such board of elections not later than seven days following the day of election to be cast and counted. For the purposes of this section, an absentee ballot shall be deemed to be received by the board of elections before the close of the polls on election day if it is deposited in an absentee ballot drop box before the close of polls on election day. At the close of the polls on election day, the board of elections shall close every absentee ballot drop box and collect absentee ballots deposited in such absentee ballot drop box.
§ 4. Subdivision 1 of section 8-412 of the election law, as amended by chapter 155 of the laws of 1994, is amended to read as follows:
1. The board of elections shall cause all absentee ballots received by it before the close of the polls on election day and all ballots contained in envelopes showing a cancellation mark of the United States postal service or a foreign country's postal service, or showing a dated endorsement of receipt by another agency of the United States government, with a date which is ascertained to be not later than the day before election and received by such board of elections not later than seven days following the day of election to be cast and counted except that the absentee ballot of a voter who requested such ballot by letter, rather than application, shall not be counted unless a valid application form, signed by such voter, is received by the board of elections with such ballot. For the purposes of this section, an absentee ballot shall be deemed to be received by the board of elections before the close of the polls on election day if it is deposited in an absentee ballot drop box before the close of polls on election day. At the close of the polls on election day, the board of elections shall close every absentee ballot drop box and collect absentee ballots deposited in such absentee ballot drop box.
§ 5. This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 8-412 of the election law made by section three of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 7 of chapter 91 of the laws of 2020, as amended, when upon such date the provisions of section four of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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