Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 10, 2022 |
referred to election law delivered to assembly passed senate ordered to third reading cal.3 reported and committed to rules |
Jan 05, 2022 |
referred to elections returned to senate died in assembly |
Jan 11, 2021 |
referred to election law delivered to assembly passed senate ordered to third reading cal.4 reported and committed to rules |
Jan 06, 2021 |
referred to elections |
Senate Bill S492
2021-2022 Legislative Session
Authorizes boards of elections to establish absentee ballot drop-off locations
download bill text pdfSponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jan 10, 2022
aye (43)- Addabbo Jr.
- Bailey
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Floor Vote: Jan 11, 2021
aye (43)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Jan 18, 2022 - Rules Committee Vote
S49213Aye7Nay0Aye with Reservations0Absent0Excused0AbstainedJan 10, 2022 - Rules Committee Vote
S49213Aye7Nay0Aye with Reservations0Absent0Excused0AbstainedJan 11, 2021 - Rules Committee Vote
S49214Aye7Nay0Aye with Reservations0Absent0Excused0AbstainedJan 10, 2022 - Elections Committee Vote
S4925Aye2Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D, WF) 48th Senate District
(D) 36th Senate District
(D, WF) Senate District
(D, WF) 46th Senate District
(D) Senate District
(D, WF) 55th Senate District
(D, WF) 56th Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 41st Senate District
(D, WF) 31st Senate District
(D) Senate District
(D, IP, WF) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D) 16th Senate District
(D) 50th Senate District
(D, WF) 37th Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
(D) 10th Senate District
(D, WF) 29th Senate District
(D) 42nd Senate District
(D) 11th Senate District
(D) 6th Senate District
2021-S492 (ACTIVE) - Details
2021-S492 (ACTIVE) - Sponsor Memo
BILL NUMBER: S492 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the election law, in relation to authorizing boards of elections to establish absentee ballot drop-off locations PURPOSE OR GENERAL IDEA OF BILL: To allow local Boards of Elections to establish absentee ballot drop-off locations to provide voters with a convenient alternative option to submit their absentee ballots. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new Section 8-414 to the Election Law to authorize local Boards of Elections to establish absentee ballot drop-off locations and direct the State Board of Elections to promulgate regu- lations to implement the provisions of the section.
Section 2 amends Section 8-410 of the Election Law to provide that absentee ballot envelopes may be deposited in an absentee ballot drop box established by the .Board of Elections of the county or city of the voter's residence. Section 3 amends Section 8-412 of the Election Law to deem an absentee ballot received by a local Board of Elections if it is deposited in an absentee ballot drop box before the close of polls on election day, and require local Boards of Elections to close absentee ballot boxes at the close of polls and collect ballots deposited therein. Section 4 establishes the effective date of the bill. JUSTIFICATION: As New York expands voters' ability to cast their votes via absentee ballot to cope with the effects of the COVID-19 pandemic, we should be providing voters with as many options to return their ballots as possi- ble. Many states currently authorize voters to return their voted ballots to election officials by depositing them in a secure drop box, rather than mailing them or bringing them in to a Board of Elections office. During the recent June primary elections, more than 84,000 mail-in ballots were not counted or invalidated in New York City, which makes up a stunning 21% of all ballots received by the New York City Board of Elections. Many of these ballots were invalidated for issues related to the mail-in process, including lack of an appropriate postmark or late arrival due to postal backlogs and delays. By authorizing local Boards of Elections to establish secure absentee ballot drop boxes, this bill would emulate the systems of other states that have successfully conducted vote-by-mail elections for years by providing voters a convenient alternative option to submit their ballots without having to rely on an overburdened postal service struggling to keep up with an unprecedented volume of ballot submissions. PRIOR LEGISLATIVE HISTORY: S.8902 of 2020 (Hoylman): Died in Rules A.10942 of 2020 (Gottfried): Died in Election Law FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
2021-S492 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 492 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. HOYLMAN, MAY, BAILEY, BRESLIN, BROOKS, GAUGHRAN, GOUNARDES, JACKSON, KAMINSKY, KRUEGER, LIU, MAYER, PARKER, RIVERA, SALAZAR, 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: 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 ESTAB- LISHED 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 CONSIST- ING 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 AN ADDITIONAL 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 DROP-OFF LOCATION BY POSTING SUCH INFORMATION ON ITS WEBSITE NO LATER THAN THE DAY THE ABSENTEE BALLOT DROP-OFF LOCATION IS ESTABLISHED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD00595-02-1 S. 492 2 3. THE STATE BOARD OF ELECTIONS IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND 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 ABSEN- TEE 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: § 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 section 2 of chapter 140 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 govern- ment, 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 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 purposes of this section, any absentee ballot received by the board of elections by mail that does not bear or display a dated postmark shall be presumed to have been timely mailed or delivered if such ballot bears a time stamp of the receiving board of elections indi- cating receipt by such board on the day after the election. 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. BALLOTS RECEIVED IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED TIMELY AND THE FAILURE OF A BOARD OF ELECTIONS TO TIME STAMP SUCH BALLOTS RECEIVED IN THIS MANNER ON OR BEFORE ELECTION DAY SHALL NOT PROHIBIT THE CANVASSING OF SUCH BALLOTS. AT THE CLOSE OF THE POLLS ON ELECTION DAY, THE BOARD OF ELECTIONS SHALL CLOSE EVERY ABSENTEE BALLOT DROP BOX AND COLLECT ABSENTEE BALLOTS DEPOS- ITED IN SUCH ABSENTEE BALLOT DROP BOX. § 4. This act shall take effect immediately.
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