S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11005
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Ryan) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to  absentee  ballot  drop
   boxes
 
   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 A MEANS FOR THE RETURN 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 AFTER THE ABSENTEE BALLOT DROP-OFF LOCATION IS ESTABLISHED.
   3.  THE  STATE BOARD OF ELECTIONS IS HEREBY AUTHORIZED AND DIRECTED TO
 PROMULGATE RULES AND REGULATIONS  AND  MAY  PROMULGATE  EMERGENCY  REGU-
 LATIONS  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 chapter  352  of
 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.
                                                            LBD17168-01-0

 A. 11005                            2
 
   §  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
 chapter 91 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.  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.  AT  THE CLOSE OF THE POLLS ON
 ELECTION DAY, THE BOARD OF ELECTIONS SHALL CLOSE AND REMOVE EVERY ABSEN-
 TEE BALLOT DROP BOX AND  COLLECT  ABSENTEE  BALLOTS  DEPOSITED  IN  SUCH
 ABSENTEE BALLOT DROP BOX.
   § 4. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, 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
 before  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 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. AT THE CLOSE OF THE POLLS
 ON ELECTION DAY, THE BOARD OF ELECTIONS SHALL  CLOSE  AND  REMOVE  EVERY
 ABSENTEE  BALLOT DROP BOX AND COLLECT ABSENTEE BALLOTS DEPOSITED IN SUCH
 ABSENTEE BALLOT DROP BOX.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  subdivision  1 of section 8-412 of the election law
 made by section three of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to section 7 of chapter 91 of the
 laws of 2020, as amended, when upon such date the provisions of  section
 four of this act shall take effect.