NY State Senate Bill S492

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2022	referred to election law delivered to assembly passed senate ordered to third reading cal.3 reported and committed to rules
Jan 05, 2022	referred to elections returned to senate died in assembly
Jan 11, 2021	referred to election law delivered to assembly passed senate ordered to third reading cal.4 reported and committed to rules
Jan 06, 2021	referred to elections

Votes

view votes

Jan 18, 2022 - Rules committee Vote

S492

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 10, 2022 - floor Vote

S492

floor

Aye

Nay

Absent

Excused

Abstained

Jan 10, 2022 - Elections committee Vote

S492

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Jan 10, 2022

aye (5)

nay (2)

Jan 10, 2022 - Rules committee Vote

S492

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 11, 2021 - floor Vote

S492

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2021 - Elections committee Vote

S492

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Jan 11, 2021

aye (5)

nay (2)

Jan 11, 2021 - Rules committee Vote

S492

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S492 (ACTIVE) - Details

See Assembly Version of this Bill:: A4128
Law Section:: Election Law
Laws Affected:: Add §8-414, amd §§8-410 & 8-412, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8902, A10942
2023-2024: S610, A7243

S492 (ACTIVE) - Summary

Authorizes boards of elections to establish absentee ballot drop-off locations.

S492 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S492

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing boards of
elections to establish absentee ballot drop-off locations

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow local Boards of Elections to establish absentee ballot drop-off
locations to provide voters with a convenient alternative option to
submit their absentee ballots.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Section 8-414 to the Election Law to authorize
local Boards of Elections to establish absentee ballot drop-off
locations and direct the State Board of Elections to promulgate regu-
lations to implement the provisions of the section.

Section 2 amends Section 8-410 of the Election Law to provide that
absentee ballot envelopes may be deposited in an absentee ballot drop
box established by the .Board of Elections of the county or city of the
voter's residence.

Section 3 amends Section 8-412 of the Election Law to deem an absentee
ballot received by a local Board of Elections if it is deposited in an
absentee ballot drop box before the close of polls on election day, and
require local Boards of Elections to close absentee ballot boxes at the
close of polls and collect ballots deposited therein.

Section 4 establishes the effective date of the bill.

 
JUSTIFICATION:

As New York expands voters' ability to cast their votes via absentee
ballot to cope with the effects of the COVID-19 pandemic, we should be
providing voters with as many options to return their ballots as possi-
ble. Many states currently authorize voters to return their voted
ballots to election officials by depositing them in a secure drop box,
rather than mailing them or bringing them in to a Board of Elections
office.

During the recent June primary elections, more than 84,000 mail-in
ballots were not counted or invalidated in New York City, which makes up
a stunning 21% of all ballots received by the New York City Board of
Elections. Many of these ballots were invalidated for issues related to
the mail-in process, including lack of an appropriate postmark or late
arrival due to postal backlogs and delays.

By authorizing local Boards of Elections to establish secure absentee
ballot drop boxes, this bill would emulate the systems of other states
that have successfully conducted vote-by-mail elections for years by
providing voters a convenient alternative option to submit their ballots
without having to rely on an overburdened postal service struggling to
keep up with an unprecedented volume of ballot submissions.

 
PRIOR LEGISLATIVE HISTORY:
S.8902 of 2020 (Hoylman): Died in Rules
A.10942 of 2020 (Gottfried): Died in Election Law

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S492 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    492
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  MAY, BAILEY, BRESLIN, BROOKS, GAUGHRAN,
   GOUNARDES, JACKSON, KAMINSKY, KRUEGER,  LIU,  MAYER,  PARKER,  RIVERA,
   SALAZAR,  SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections

 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 AN ADDITIONAL 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00595-02-1

 S. 492                              2
 
   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 ABSEN-
 TEE  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 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
 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.  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 ABSENTEE BALLOT DROP BOX AND COLLECT ABSENTEE BALLOTS DEPOS-
 ITED IN SUCH ABSENTEE BALLOT DROP BOX.
   § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S492

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - floor Vote

Floor Vote: Jan 10, 2022

Jan 10, 2022 - Elections committee Vote

Elections Committee Vote: Jan 10, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S492 (ACTIVE) - Details

S492 (ACTIVE) - Summary

S492 (ACTIVE) - Sponsor Memo

S492 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S492

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - floor Vote

Floor Vote: Jan 10, 2022

Jan 10, 2022 - Elections committee Vote

Elections Committee Vote: Jan 10, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S492 (ACTIVE) - Details

S492 (ACTIVE) - Summary

S492 (ACTIVE) - Sponsor Memo

S492 (ACTIVE) - Bill Text download pdf

Comments