STATE OF NEW YORK
________________________________________________________________________
11005
IN ASSEMBLY
September 9, 2020
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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 Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 8-414
2 to read as follows:
3 § 8-414. Absentee ballot drop boxes. 1. For the purposes of this
4 title, the following terms shall have the following meanings:
5 (a) "absentee ballot drop box" shall mean a secure receptacle estab-
6 lished by a board of elections whereby an absentee ballot marked by a
7 voter pursuant to section 8-410 of this title may be returned to the
8 board of elections of the county or city of the voter's residence; and
9 (b) "absentee ballot drop-off location" shall mean a location consist-
10 ing of a secured absentee ballot drop box at which an absentee ballot
11 marked by a voter pursuant to section 8-410 of this title may be
12 returned to the board of elections of the county or city of the voter's
13 residence.
14 2. Each board of elections is hereby authorized to establish one or
15 more absentee ballot drop-off locations as a means for the return of
16 absentee ballots marked by a voter to the board of elections of the
17 county or city of the voter's residence. Each such board of elections
18 shall provide notice of the location of every such absentee ballot drop-
19 off location by posting such information on its website no later than
20 the day after the absentee ballot drop-off location is established.
21 3. The state board of elections is hereby authorized and directed to
22 promulgate rules and regulations and may promulgate emergency regu-
23 lations necessary for the implementation of the provisions of this
24 section, including, but not limited to the location, chain of custody,
25 pick-up times, proper labeling, and security of absentee ballot drop
26 boxes established by boards of elections pursuant to this section.
27 § 2. Section 8-410 of the election law, as amended by chapter 352 of
28 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
1 § 8-410. Absentee voting; method of. The absentee voter shall mark an
2 absentee ballot as provided for paper ballots or ballots prepared for
3 counting by ballot counting machines. He shall make no mark or writing
4 whatsoever upon the ballot, except as above prescribed, and shall see
5 that it bears no such mark or writing. He shall make no mark or writing
6 whatsoever on the outside of the ballot. After marking the ballot or
7 ballots he shall fold each such ballot and enclose them in the envelope
8 and seal the envelope. He shall then take and subscribe the oath on the
9 envelope, with blanks properly filled in. The envelope, containing the
10 ballot or ballots, shall then be mailed or delivered to the board of
11 elections of the county or city of his residence or deposited in an
12 absentee ballot drop box established by the board of elections of the
13 county or city of the voter's residence.
14 § 3. Subdivision 1 of section 8-412 of the election law, as amended by
15 chapter 91 of the laws of 2020, is amended to read as follows:
16 1. The board of elections shall cause all absentee ballots received by
17 it before the close of the polls on election day and all ballots
18 contained in envelopes showing a cancellation mark of the United States
19 postal service or a foreign country's postal service, or showing a dated
20 endorsement of receipt by another agency of the United States govern-
21 ment, with a date which is ascertained to be not later than the day of
22 the election and received by such board of elections not later than
23 seven days following the day of election to be cast and counted. For
24 the purposes of this section, an absentee ballot shall be deemed to be
25 received by the board of elections before the close of the polls on
26 election day if it is deposited in an absentee ballot drop box before
27 the close of polls on election day. At the close of the polls on
28 election day, the board of elections shall close and remove every absen-
29 tee ballot drop box and collect absentee ballots deposited in such
30 absentee ballot drop box.
31 § 4. Subdivision 1 of section 8-412 of the election law, as amended by
32 chapter 155 of the laws of 1994, is amended to read as follows:
33 1. The board of elections shall cause all absentee ballots received by
34 it before the close of the polls on election day and all ballots
35 contained in envelopes showing a cancellation mark of the United States
36 postal service or a foreign country's postal service, or showing a dated
37 endorsement of receipt by another agency of the United States govern-
38 ment, with a date which is ascertained to be not later than the day
39 before election and received by such board of elections not later than
40 seven days following the day of election to be cast and counted except
41 that the absentee ballot of a voter who requested such ballot by letter,
42 rather than application, shall not be counted unless a valid application
43 form, signed by such voter, is received by the board of elections with
44 such ballot. For the purposes of this section, an absentee ballot shall
45 be deemed to be received by the board of elections before the close of
46 the polls on election day if it is deposited in an absentee ballot drop
47 box before the close of polls on election day. At the close of the polls
48 on election day, the board of elections shall close and remove every
49 absentee ballot drop box and collect absentee ballots deposited in such
50 absentee ballot drop box.
51 § 5. This act shall take effect immediately; provided, however, that
52 the amendments to subdivision 1 of section 8-412 of the election law
53 made by section three of this act shall be subject to the expiration and
54 reversion of such subdivision pursuant to section 7 of chapter 91 of the
55 laws of 2020, as amended, when upon such date the provisions of section
56 four of this act shall take effect.