BILL NUMBER: S165

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting fraudulent
absentee ballot drop-off boxes or receptacles

 
PURPOSE:

To amend the Election Law to prohibit any person or entity, other that
the Board of Elections from erecting, displaying or maintaining an
absentee ballot drop-off box or receptacle.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new section of the Election Law, 17-172, which
provides that a person or entity, other than Board of Elections, who
erects, displays or maintains an absentee ballot drop off box or recep-
tacle is guilty of a felony.

Section 2 is the effective date which is immediately.
              

 
JUSTIFICATION:

Due to the COVID pandemic, there has been a huge increase of voters
using absentee ballots to vote to avoid having to go to polling places.
Many voters, however, are fearful of delays and problems with the postal
service and wish to deliver their ballots in person without having to
wait in long lines outside the offices of the Board of Elections or at
polling places so the Boards of Elections have established absentee
ballot drop-off boxes which are sometimes outside of their offices and
polling sites.

In California, according to an October 14, 2020 article in the New York
Times, the California Republican Party has admitted responsibility for
placing more than 50 deceptively labeled "official" drop boxes for mail-
in ballots.

Misleading voters is wrong no matter who does it. The voters in Califor-
nia, who unwittingly deposited their ballots in these seemingly official
drop-off boxes, do not know if their ballots will be delivered to the
Board of Elections on time. They do not know if their ballots will be
tampered with to make them void.

No one should want this to happen in New York State.

This new bill will make it clear that in New York State such fraudulent
practices are prohibited and that any person or entity other than the
Board of Elections who erects, displays or maintains an absentee ballot
drop-off box or receptacle will be guilty of a felony.

 
PRIOR LEGISLATIVE HISTORY:

S.4726 of 2021-2022 (Hoylman): Died in Elections

A.2292 of 2021-2022 (Jacobson): Died in Codes

A.11103-A of 2020 (Jacobson): Died in Codes
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.