S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1014
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the  election  law,  in  relation to ballot drop-off
   locations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8-416 of the election law, as added by a chapter of
 the  laws  of  2024  amending  the  election law relating to authorizing
 boards of elections to establish absentee ballot drop-off locations,  as
 proposed  in legislative bills numbers S. 610 and A. 7243, is amended to
 read as follows:
   § 8-416. [Absentee ballot] 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 OR EARLY MAIL
 BALLOT marked by a voter pursuant to section  8-410  OR  8-708  of  this
 [title]  ARTICLE 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
 consisting  of  a secured [absentee] ballot drop box at which [an absen-
 tee] A ballot marked by a voter pursuant to section 8-410  OR  8-708  of
 this  [title]  ARTICLE  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  OR EARLY VOTING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02712-01-5
              

 A. 1014                             2
 
 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,
 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 a chapter of the
 laws of 2024  amending the election law relating to  authorizing  boards
 of  elections  to  establish  absentee  ballot  drop-off  locations,  as
 proposed in legislative bills numbers S. 610 and A. 7243, 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] SUCH ABSENTEE VOTER
 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] SUCH ABSENTEE VOTER 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 writing shall not be a basis
 for voiding a ballot. After marking the ballot or ballots  [he  or  she]
 SUCH  ABSENTEE VOTER shall fold each such ballot and enclose them in the
 envelope and seal the envelope. [He or she] SUCH  ABSENTEE  VOTER  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] SUCH ABSENTEE VOTER'S residence or deposited in [an absen-
 tee] A ballot drop box established by the  board  of  elections  of  the
 county or city of the voter's residence.
   § 3. Section 8-708 of the election law, as added by chapter 481 of the
 laws of 2023, is amended to read as follows:
   §  8-708.  Early voting by mail; method of. The early mail voter shall
 mark an early mail ballot as  provided  for  paper  ballots  or  ballots
 prepared  for  counting  by ballot counting machines. They 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. They 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 they shall fold each such ballot  and  enclose  them  in  the
 envelope  and  seal the envelope. They 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  their  residence  OR
 DEPOSITED  IN A BALLOT DROP BOX ESTABLISHED BY THE BOARD OF ELECTIONS OF
 THE COUNTY OR CITY OF THE VOTER'S RESIDENCE.
   § 4. Subdivision 1 of section 8-412 of the election law, as amended by
 a chapter of the laws of 2024 amending  the  election  law  relating  to
 authorizing  boards  of  elections to establish absentee ballot drop-off
 locations, as proposed in legislative bills numbers S. 610 and A.  7243,
 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
 A. 1014                             3
 
 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] A ballot drop box
 before the close of polls on election day.  Ballots received in  accord-
 ance 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
 deposited in such [absentee] ballot drop box.
   §  5.  Subdivision 1 of section 8-710 of the election law, as added by
 chapter 481 of the laws of 2023, is amended to read as follows:
   1. The board of elections shall cause all early mail 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
 purposes of this section, any early mail 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 indicating  receipt  by
 such  board  on  the  day after the election.   FOR THE PURPOSES OF THIS
 SECTION, AN EARLY MAIL 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 A 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 BALLOT DROP BOX
 AND COLLECT BALLOTS DEPOSITED IN SUCH BALLOT DROP BOX.
   § 6. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2024 amending the election law relat-
 ing  to  authorizing  boards  of  elections to establish absentee ballot
 drop-off locations, as proposed in legislative bills numbers S. 610  and
 A. 7243, takes effect.