S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4128
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. GOTTFRIED, SEAWRIGHT, ABINANTI, BICHOTTE HERME-
   LYN, SIMON, THIELE, ENGLEBRIGHT, GALEF -- 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:
 
   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  DELIVERY  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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00595-01-1

 A. 4128                             2
 
 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:
   § 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
 section  1  of  chapter  140  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, 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 indicating  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 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 EVERY ABSENTEE BALLOT DROP BOX AND COLLECT  ABSEN-
 TEE BALLOTS DEPOSITED IN SUCH ABSENTEE BALLOT DROP BOX.
   § 4. Subdivision 1 of section 8-412 of the election law, as amended by
 section  2  of  chapter  140  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 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

 A. 4128                             3
 
 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 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 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.