S T A T E O F N E W Y O R K
________________________________________________________________________
8918
I N S E N A T E
August 14, 2020
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Introduced by Sens. MAY, HOYLMAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to authorizing boards of
elections to establish a method of collection of absentee ballots
utilizing county, town, city and village clerks
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. RECEIPT OF ABSENTEE BALLOTS BY COUNTY, TOWN, CITY AND VILLAGE
CLERKS. 1. EACH BOARD OF ELECTIONS IS HEREBY AUTHORIZED TO ESTABLISH A
METHOD OF COLLECTION OF ABSENTEE BALLOTS UTILIZING COUNTY, TOWN, CITY
AND VILLAGE CLERKS THROUGHOUT ITS COUNTY. SUCH COLLECTION WILL BE
DURING NORMAL BUSINESS HOURS AND SHALL BEGIN NO LATER THAN TWENTY-ONE
DAYS BEFORE ELECTION DAY.
2. 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 BALLOTS
COLLECTED BY AUTHORIZED COUNTY, TOWN, CITY AND VILLAGE CLERKS ESTAB-
LISHED 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17126-01-0
S. 8918 2
elections of the county or city of his residence OR DELIVERED TO A COUN-
TY, TOWN, CITY OR VILLAGE CLERK AUTHORIZED BY THE BOARD OF ELECTIONS FOR
COLLECTION.
§ 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
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 DELIVERED TO AN AUTHORIZED COUNTY, TOWN, CITY OR
VILLAGE CLERK BEFORE THE CLOSE OF POLLS ON ELECTION DAY.
§ 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 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 DELIVERED TO AN AUTHORIZED COUNTY, TOWN,
CITY OR VILLAGE CLERK BEFORE THE CLOSE OF POLLS ON ELECTION DAY.
§ 5. This act shall take effect immediately; provided, that the amend-
ments 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 rever-
sion 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.