S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7243
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SIMONE, SEAWRIGHT, BICHOTTE HERMELYN, SIMON,
   THIELE, BURDICK, LUPARDO, DINOWITZ, EPSTEIN, HEVESI,  JACKSON,  ZINER-
   MAN,  LAVINE,  JACOBSON,  PAULIN, CARROLL -- 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  8-416
 to read as follows:
   §  8-416.  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.
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03603-01-3
              

 A. 7243                             2
 
 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 228 of
 the laws of 2022, 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 or she 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 or she shall make no
 mark or writing whatsoever on the outside of the ballot. In cases  where
 the express intent of the voter is unambiguous, any stray marks or writ-
 ing  shall not be a basis for voiding a ballot. After marking the ballot
 or ballots he or she shall fold each such ballot and enclose them in the
 envelope and seal the envelope. He or she 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 or her 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 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.