What's happening
This bill authorizes New York election boards to establish secure absentee ballot drop boxes and outlines related procedures and regulations.
Why it matters
Expands ballot access and convenience. by allowing voters to return absentee ballots directly to secure drop boxes, providing an alternative to mailing or in-person delivery and potentially reducing barriers for those worried about postal delays or in-person risks.
Mandates transparency and timely information. by requiring local election boards to promptly post online the locations of all drop boxes, ensuring voters know where and how to use this new option.
Strengthens ballot security and chain of custody. by directing the State Board of Elections to set regulations on drop box locations, pickup schedules, labeling, and security protocols, aiming to prevent tampering and maintain public trust.
Clarifies legal acceptance of ballots. by specifying that any absentee ballot deposited in a drop box before polls close on Election Day is considered timely received, helping to avoid disputes and ensure every eligible vote is counted.
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Who cares
Absentee voters
The bill would let them return ballots through board-established drop boxes, with ballots deposited before polls close on election day deemed received on time.
County and city boards of elections
They could establish drop-off locations, but would have to post locations on their websites by the next day and close and remove every box and collect its ballots at the close of polls on election day.
State Board of Elections
It would have to issue implementing rules covering matters including drop-box locations, chain of custody, pick-up times, labeling and security, with authority to issue emergency regulations.
Headline styles
Allow Ballot Drop Boxes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11005
IN ASSEMBLY
September 9, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ryan) -read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to absentee ballot drop boxes
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 return 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 after 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.
LBD17168-01-0
A. 11005 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 and remove 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 and remove 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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