STATE OF NEW YORK ________________________________________________________________________ 752 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 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. Section 8-416 of the election law, as added by a chapter of 2 the laws of 2024 amending the election law relating to authorizing 3 boards of elections to establish absentee ballot drop-off locations, as 4 proposed in legislative bills numbers S. 610 and A. 7243, is amended to 5 read as follows: 6 § 8-416. [Absentee ballot] Ballot drop boxes. 1. For the purposes of 7 this title, the following terms shall have the following meanings: 8 (a) "[absentee] ballot drop box" shall mean a secure receptacle estab- 9 lished by a board of elections whereby an absentee ballot or early mail 10 ballot marked by a voter pursuant to section 8-410 or 8-708 of this 11 [title] article may be returned to the board of elections of the county 12 or city of the voter's residence; and 13 (b) "[absentee] ballot drop-off location" shall mean a location 14 consisting of a secured [absentee] ballot drop box at which [an absen- 15 tee] a ballot marked by a voter pursuant to section 8-410 or 8-708 of 16 this [title] article may be returned to the board of elections of the 17 county or city of the voter's residence. 18 2. Each board of elections is hereby authorized to establish one or 19 more [absentee] ballot drop-off locations as an additional means for the 20 delivery of absentee or early voting ballots marked by a voter to the 21 board of elections of the county or city of the voter's residence. Each 22 such board of elections shall provide notice of the location of every 23 such [absentee] ballot drop-off location by posting such information on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02712-01-5
S. 752 2 1 its website no later than the day the [absentee] ballot drop-off 2 location is established. 3 3. The state board of elections is hereby authorized and directed to 4 promulgate rules and regulations necessary for the implementation of the 5 provisions of this section, including, but not limited to the location, 6 chain of custody, pick-up times, proper labeling, and security of 7 [absentee] ballot drop boxes established by boards of elections pursuant 8 to this section. 9 § 2. Section 8-410 of the election law, as amended by a chapter of the 10 laws of 2024 amending the election law relating to authorizing boards 11 of elections to establish absentee ballot drop-off locations, as 12 proposed in legislative bills numbers S. 610 and A. 7243, is amended to 13 read as follows: 14 § 8-410. Absentee voting; method of. The absentee voter shall mark an 15 absentee ballot as provided for paper ballots or ballots prepared for 16 counting by ballot counting machines. [He or she] Such absentee voter 17 shall make no mark or writing whatsoever upon the ballot, except as 18 above prescribed, and shall see that it bears no such mark or writing. 19 [He or she] Such absentee voter shall make no mark or writing whatsoever 20 on the outside of the ballot. In cases where the express intent of the 21 voter is unambiguous, any stray marks or writing shall not be a basis 22 for voiding a ballot. After marking the ballot or ballots [he or she] 23 such absentee voter shall fold each such ballot and enclose them in the 24 envelope and seal the envelope. [He or she] Such absentee voter shall 25 then take and subscribe the oath on the envelope, with blanks properly 26 filled in. The envelope, containing the ballot or ballots, shall then be 27 mailed or delivered to the board of elections of the county or city of 28 [his or her] such absentee voter's residence or deposited in [an absen- 29 tee] a ballot drop box established by the board of elections of the 30 county or city of the voter's residence. 31 § 3. Section 8-708 of the election law, as added by chapter 481 of the 32 laws of 2023, is amended to read as follows: 33 § 8-708. Early voting by mail; method of. The early mail voter shall 34 mark an early mail ballot as provided for paper ballots or ballots 35 prepared for counting by ballot counting machines. They shall make no 36 mark or writing whatsoever upon the ballot, except as above prescribed, 37 and shall see that it bears no such mark or writing. They shall make no 38 mark or writing whatsoever on the outside of the ballot. In cases where 39 the express intent of the voter is unambiguous, any stray marks or writ- 40 ing shall not be a basis for voiding a ballot. After marking the ballot 41 or ballots they shall fold each such ballot and enclose them in the 42 envelope and seal the envelope. They shall then take and subscribe the 43 oath on the envelope, with blanks properly filled in. The envelope, 44 containing the ballot or ballots, shall then be mailed or delivered to 45 the board of elections of the county or city of their residence or 46 deposited in a ballot drop box established by the board of elections of 47 the county or city of the voter's residence. 48 § 4. Subdivision 1 of section 8-412 of the election law, as amended by 49 a chapter of the laws of 2024 amending the election law relating to 50 authorizing boards of elections to establish absentee ballot drop-off 51 locations, as proposed in legislative bills numbers S. 610 and A. 7243, 52 is amended to read as follows: 53 1. The board of elections shall cause all absentee ballots received by 54 it before the close of the polls on election day and all ballots 55 contained in envelopes showing a cancellation mark of the United States 56 postal service or a foreign country's postal service, or showing a dated
S. 752 3 1 endorsement of receipt by another agency of the United States govern- 2 ment, with a date which is ascertained to be not later than the day of 3 the election and received by such board of elections not later than 4 seven days following the day of election to be cast and counted except 5 that the absentee ballot of a voter who requested such ballot by letter, 6 rather than application, shall not be counted unless a valid application 7 form, signed by such voter, is received by the board of elections with 8 such ballot. For purposes of this section, any absentee ballot received 9 by the board of elections by mail that does not bear or display a dated 10 postmark shall be presumed to have been timely mailed or delivered if 11 such ballot bears a time stamp of the receiving board of elections indi- 12 cating receipt by such board on the day after the election. For the 13 purposes of this section, an absentee ballot shall be deemed to be 14 received by the board of elections before the close of the polls on 15 election day if it is deposited in [an absentee] a ballot drop box 16 before the close of polls on election day. Ballots received in accord- 17 ance with this section shall be deemed timely and the failure of a board 18 of elections to time stamp such ballots received in this manner on or 19 before election day shall not prohibit the canvassing of such ballots. 20 At the close of the polls on election day, the board of elections shall 21 close every [absentee] ballot drop box and collect [absentee] ballots 22 deposited in such [absentee] ballot drop box. 23 § 5. Subdivision 1 of section 8-710 of the election law, as added by 24 chapter 481 of the laws of 2023, is amended to read as follows: 25 1. The board of elections shall cause all early mail ballots received 26 by it before the close of the polls on election day and all ballots 27 contained in envelopes showing a cancellation mark of the United States 28 postal service or a foreign country's postal service, or showing a dated 29 endorsement of receipt by another agency of the United States govern- 30 ment, with a date which is ascertained to be not later than the day of 31 the election and received by such board of elections not later than 32 seven days following the day of election to be cast and counted. For 33 purposes of this section, any early mail ballot received by the board of 34 elections by mail that does not bear or display a dated postmark shall 35 be presumed to have been timely mailed or delivered if such ballot bears 36 a time stamp of the receiving board of elections indicating receipt by 37 such board on the day after the election. For the purposes of this 38 section, an early mail ballot shall be deemed to be received by the 39 board of elections before the close of the polls on election day if it 40 is deposited in a ballot drop box before the close of polls on election 41 day. Ballots received in accordance with this section shall be deemed 42 timely and the failure of a board of elections to time stamp such 43 ballots received in this manner on or before election day shall not 44 prohibit the canvassing of such ballots. At the close of the polls on 45 election day, the board of elections shall close every ballot drop box 46 and collect ballots deposited in such ballot drop box. 47 § 6. This act shall take effect on the same date and in the same 48 manner as a chapter of the laws of 2024 amending the election law relat- 49 ing to authorizing boards of elections to establish absentee ballot 50 drop-off locations, as proposed in legislative bills numbers S. 610 and 51 A. 7243, takes effect.