S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10942
 
                           I N  A S S E M B L Y
 
                              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 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 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 DROP-
 OFF 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  REGU-
 LATIONS  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  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.  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  govern-
 ment,  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.