Bill Text: NY A10942 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes boards of elections to establish absentee ballot drop-off locations.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-08-17 - referred to election law [A10942 Detail]
Download: New_York-2019-A10942-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10942 IN ASSEMBLY 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: 1 Section 1. The election law is amended by adding a new section 8-414 2 to read as follows: 3 § 8-414. Absentee ballot drop boxes. 1. For the purposes of this 4 title, the following terms shall have the following meanings: 5 (a) "absentee ballot drop box" shall mean a secure receptacle estab- 6 lished by a board of elections whereby an absentee ballot marked by a 7 voter pursuant to section 8-410 of this title may be returned to the 8 board of elections of the county or city of the voter's residence; and 9 (b) "absentee ballot drop-off location" shall mean a location consist- 10 ing of a secured absentee ballot drop box at which an absentee ballot 11 marked by a voter pursuant to section 8-410 of this title may be 12 returned to the board of elections of the county or city of the voter's 13 residence. 14 2. Each board of elections is hereby authorized to establish one or 15 more absentee ballot drop-off locations as a means for the delivery of 16 absentee ballots marked by a voter to the board of elections of the 17 county or city of the voter's residence. Each such board of elections 18 shall provide notice of the location of every such absentee ballot drop- 19 off location by posting such information on its website no later than 20 the day the absentee ballot drop-off location is established. 21 3. The state board of elections is hereby authorized and directed to 22 promulgate rules and regulations and may promulgate emergency regu- 23 lations necessary for the implementation of the provisions of this 24 section, including, but not limited to the location, chain of custody, 25 pick-up times, proper labeling, and security of absentee ballot drop 26 boxes established by boards of elections pursuant to this section. 27 § 2. Section 8-410 of the election law, as amended by chapter 352 of 28 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. LBD17081-01-0A. 10942 2 1 § 8-410. Absentee voting; method of. The absentee voter shall mark an 2 absentee ballot as provided for paper ballots or ballots prepared for 3 counting by ballot counting machines. He shall make no mark or writing 4 whatsoever upon the ballot, except as above prescribed, and shall see 5 that it bears no such mark or writing. He shall make no mark or writing 6 whatsoever on the outside of the ballot. After marking the ballot or 7 ballots he shall fold each such ballot and enclose them in the envelope 8 and seal the envelope. He shall then take and subscribe the oath on the 9 envelope, with blanks properly filled in. The envelope, containing the 10 ballot or ballots, shall then be mailed or delivered to the board of 11 elections of the county or city of his residence or deposited in an 12 absentee ballot drop box established by the board of elections of the 13 county or city of the voter's residence. 14 § 3. Subdivision 1 of section 8-412 of the election law, as amended by 15 chapter 91 of the laws of 2020, is amended to read as follows: 16 1. The board of elections shall cause all absentee ballots received by 17 it before the close of the polls on election day and all ballots 18 contained in envelopes showing a cancellation mark of the United States 19 postal service or a foreign country's postal service, or showing a dated 20 endorsement of receipt by another agency of the United States govern- 21 ment, with a date which is ascertained to be not later than the day of 22 the election and received by such board of elections not later than 23 seven days following the day of election to be cast and counted. For 24 the purposes of this section, an absentee ballot shall be deemed to be 25 received by the board of elections before the close of the polls on 26 election day if it is deposited in an absentee ballot drop box before 27 the close of polls on election day. At the close of the polls on 28 election day, the board of elections shall close every absentee ballot 29 drop box and collect absentee ballots deposited in such absentee ballot 30 drop box. 31 § 4. Subdivision 1 of section 8-412 of the election law, as amended by 32 chapter 155 of the laws of 1994, is amended to read as follows: 33 1. The board of elections shall cause all absentee ballots received by 34 it before the close of the polls on election day and all ballots 35 contained in envelopes showing a cancellation mark of the United States 36 postal service or a foreign country's postal service, or showing a dated 37 endorsement of receipt by another agency of the United States govern- 38 ment, with a date which is ascertained to be not later than the day 39 before election and received by such board of elections not later than 40 seven days following the day of election to be cast and counted except 41 that the absentee ballot of a voter who requested such ballot by letter, 42 rather than application, shall not be counted unless a valid application 43 form, signed by such voter, is received by the board of elections with 44 such ballot. For the purposes of this section, an absentee ballot shall 45 be deemed to be received by the board of elections before the close of 46 the polls on election day if it is deposited in an absentee ballot drop 47 box before the close of polls on election day. At the close of the polls 48 on election day, the board of elections shall close every absentee 49 ballot drop box and collect absentee ballots deposited in such absentee 50 ballot drop box. 51 § 5. This act shall take effect immediately; provided, however, that 52 the amendments to subdivision 1 of section 8-412 of the election law 53 made by section three of this act shall be subject to the expiration and 54 reversion of such subdivision pursuant to section 7 of chapter 91 of the 55 laws of 2020, as amended, when upon such date the provisions of section 56 four of this act shall take effect.
