Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
752
2025-2026 Regular Sessions
I N S E N A T E
(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:
Section 1. Section 8-416 of the election law, as added by a chapter of
the laws of 2024 amending the election law relating to authorizing
boards of elections to establish absentee ballot drop-off locations, as
proposed in legislative bills numbers S. 610 and A. 7243, is amended to
read as follows:
§ 8-416. [Absentee ballot] 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 OR EARLY MAIL
BALLOT marked by a voter pursuant to section 8-410 OR 8-708 of this
[title] ARTICLE 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
consisting of a secured [absentee] ballot drop box at which [an absen-
tee] A ballot marked by a voter pursuant to section 8-410 OR 8-708 of
this [title] ARTICLE 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 OR EARLY VOTING 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02712-01-5
S. 752 2
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 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 a chapter of the
laws of 2024 amending the election law relating to authorizing boards
of elections to establish absentee ballot drop-off locations, as
proposed in legislative bills numbers S. 610 and A. 7243, 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 or she] SUCH ABSENTEE VOTER
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 or she] SUCH ABSENTEE VOTER shall make no mark or writing whatsoever
on the outside of the ballot. In cases where the express intent of the
voter is unambiguous, any stray marks or writing shall not be a basis
for voiding a ballot. After marking the ballot or ballots [he or she]
SUCH ABSENTEE VOTER shall fold each such ballot and enclose them in the
envelope and seal the envelope. [He or she] SUCH ABSENTEE VOTER 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 or her] SUCH ABSENTEE VOTER'S residence or deposited in [an absen-
tee] A ballot drop box established by the board of elections of the
county or city of the voter's residence.
§ 3. Section 8-708 of the election law, as added by chapter 481 of the
laws of 2023, is amended to read as follows:
§ 8-708. Early voting by mail; method of. The early mail voter shall
mark an early mail ballot as provided for paper ballots or ballots
prepared for counting by ballot counting machines. They 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. They shall make no
mark or writing whatsoever on the outside of the ballot. In cases where
the express intent of the voter is unambiguous, any stray marks or writ-
ing shall not be a basis for voiding a ballot. After marking the ballot
or ballots they shall fold each such ballot and enclose them in the
envelope and seal the envelope. They 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 their residence OR
DEPOSITED IN A BALLOT DROP BOX ESTABLISHED BY THE BOARD OF ELECTIONS OF
THE COUNTY OR CITY OF THE VOTER'S RESIDENCE.
§ 4. Subdivision 1 of section 8-412 of the election law, as amended by
a chapter of the laws of 2024 amending the election law relating to
authorizing boards of elections to establish absentee ballot drop-off
locations, as proposed in legislative bills numbers S. 610 and A. 7243,
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
S. 752 3
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] A ballot drop box
before the close of polls on election day. Ballots received in accord-
ance 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
deposited in such [absentee] ballot drop box.
§ 5. Subdivision 1 of section 8-710 of the election law, as added by
chapter 481 of the laws of 2023, is amended to read as follows:
1. The board of elections shall cause all early mail 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 early mail 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 EARLY MAIL 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 A 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 BALLOT DROP BOX
AND COLLECT BALLOTS DEPOSITED IN SUCH BALLOT DROP BOX.
§ 6. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the election law relat-
ing to authorizing boards of elections to establish absentee ballot
drop-off locations, as proposed in legislative bills numbers S. 610 and
A. 7243, takes effect.Every fact on this page links to its source, starting with the official bill record.