Bill Text: NY S00610 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes boards of elections to establish absentee ballot drop-off locations.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Passed) 2024-11-22 - APPROVAL MEMO.17 [S00610 Detail]
Download: New_York-2023-S00610-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 610 2023-2024 Regular Sessions IN SENATE January 5, 2023 ___________ Introduced by Sens. HOYLMAN, BAILEY, BRESLIN, BROUK, COONEY, GOUNARDES, HINCHEY, JACKSON, KENNEDY, KRUEGER, LIU, MANNION, MAY, MAYER, PARKER, RIVERA, SALAZAR, SANDERS, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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 Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 8-416 2 to read as follows: 3 § 8-416. 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 an additional means for the 16 delivery of absentee ballots marked by a voter to the board of elections 17 of the county or city of the voter's residence. Each such board of 18 elections shall provide notice of the location of every such absentee 19 ballot drop-off location by posting such information on its website no 20 later than the day 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 necessary for the implementation of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03603-01-3S. 610 2 1 provisions of this section, including, but not limited to the location, 2 chain of custody, pick-up times, proper labeling, and security of absen- 3 tee ballot drop boxes established by boards of elections pursuant to 4 this section. 5 § 2. Section 8-410 of the election law, as amended by chapter 228 of 6 the laws of 2022, is amended to read as follows: 7 § 8-410. Absentee voting; method of. The absentee voter shall mark an 8 absentee ballot as provided for paper ballots or ballots prepared for 9 counting by ballot counting machines. He or she shall make no mark or 10 writing whatsoever upon the ballot, except as above prescribed, and 11 shall see that it bears no such mark or writing. He or she shall make no 12 mark or writing whatsoever on the outside of the ballot. In cases where 13 the express intent of the voter is unambiguous, any stray marks or writ- 14 ing shall not be a basis for voiding a ballot. After marking the ballot 15 or ballots he or she shall fold each such ballot and enclose them in the 16 envelope and seal the envelope. He or she shall then take and subscribe 17 the oath on the envelope, with blanks properly filled in. The envelope, 18 containing the ballot or ballots, shall then be mailed or delivered to 19 the board of elections of the county or city of his or her residence or 20 deposited in an absentee ballot drop box established by the board of 21 elections of the county or city of the voter's residence. 22 § 3. Subdivision 1 of section 8-412 of the election law, as amended by 23 chapter 140 of the laws of 2020, is amended to read as follows: 24 1. The board of elections shall cause all absentee ballots received by 25 it before the close of the polls on election day and all ballots 26 contained in envelopes showing a cancellation mark of the United States 27 postal service or a foreign country's postal service, or showing a dated 28 endorsement of receipt by another agency of the United States govern- 29 ment, with a date which is ascertained to be not later than the day of 30 the election and received by such board of elections not later than 31 seven days following the day of election to be cast and counted except 32 that the absentee ballot of a voter who requested such ballot by letter, 33 rather than application, shall not be counted unless a valid application 34 form, signed by such voter, is received by the board of elections with 35 such ballot. For purposes of this section, any absentee ballot received 36 by the board of elections by mail that does not bear or display a dated 37 postmark shall be presumed to have been timely mailed or delivered if 38 such ballot bears a time stamp of the receiving board of elections indi- 39 cating receipt by such board on the day after the election. For the 40 purposes of this section, an absentee ballot shall be deemed to be 41 received by the board of elections before the close of the polls on 42 election day if it is deposited in an absentee ballot drop box before 43 the close of polls on election day. Ballots received in accordance with 44 this section shall be deemed timely and the failure of a board of 45 elections to time stamp such ballots received in this manner on or 46 before election day shall not prohibit the canvassing of such ballots. 47 At the close of the polls on election day, the board of elections shall 48 close every absentee ballot drop box and collect absentee ballots depos- 49 ited in such absentee ballot drop box. 50 § 4. This act shall take effect immediately.
