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.