New York State Board of Elections Commissioners Unanimously Approve Ballot Drop Box Regulations
By: Joseph T. Burns
At a recent board meeting, the commissioners of the New York State Board of Elections unanimously approved regulations to establish procedures for local Boards of Elections to allow for ballot drop boxes.
In 2024, the governor signed into law a bill that would allow local BOEs to provide ballot drop boxes for voters to return absentee ballots. This bill was approved in the state legislature on a near party-line vote, with Democrats backing the proposal and Republicans opposing it.
Initially, the bill signed into law in 2024 only stated that an “absentee ballot” could be returned via a drop box. But in early 2025, the state legislature amended the 2024 law to make it clear that other ballots, such as early mail ballots, could also be returned to a BOE via a drop box. Like the 2024 proposal, this bill was overwhelmingly backed by Democrats in the state legislature and overwhelmingly opposed by GOP members of the state legislature.
The bill allowing drop boxes directed the NYSBOE to adopt regulations regarding drop box chain of custody, labeling, and security as well as other provisions to permit local BOEs to provide ballot drop boxes to voters. These newly adopted regulations are intended to “establish guidelines for security measures and procedures if a local board of elections establishes one or more ballot return drop-off locations using drop boxes.”
The regulations include requirements for the design of ballot drop boxes. Drop boxes used by local BOEs are required to “be constructed of durable material able to withstand vandalism, removal, and inclement weather.” They are also required to be designed to have an opening that would allow ballots to be deposited in the drop box and not removed.
Under the regulations, drop boxes must also have markings and wording to indicate what it is and how it is to be used by voters. Additionally, they are to contain language indicating that tampering with a drop box is a felony; no postage is necessary when depositing a ballot in the drop box; the county BOE should be notified immediately if the drop box is full, not functioning, or has been tampered with; and nothing other than ballots should be deposited in the drop box.
The new regulations also include specific design features that local BOEs that allow for drop boxes must adhere to. County BOEs that use drop boxes are required to use drop boxes of a substantially similar design throughout the county.
The regulations give local BOEs great flexibility on whether to use drop boxes, how many to use, and where to place them. Should a local BOE use drop boxes, however, they are required by the regulations to consider, among other factors, the location of the drop boxes to population centers, voter convenience, and the proximity of drop boxes to public transportation. The regulations allow local BOEs to determine the number of drop boxes to be used, if any.
To ensure the security of drop boxes, the regulations require that unstaffed drop boxes be securely fastened to an immovable object. Video security surveillance is also required for all drop boxes.
The newly adopted regulations establish procedures for ballots to be collected from drop boxes as well as chain of custody requirements for those ballots. Retrieval of ballots from drop boxes must be done with bipartisan BOE teams. Those tasked with retrieving ballots from drop boxes must have identification indicating they are BOE employees with the duty to retrieve ballots from ballot drop boxes. Only these individuals (or law enforcement in certain locations) are permitted to transport ballots from drop boxes.
Those who transport ballots are required to follow the documentation procedures of the regulations; this includes noting when the team left the drop box and when the team arrives at the BOE facility with ballots. BOEs must maintain other records associated with the drop boxes, including documentation stating the number of ballots retrieved from each drop box.
While the new regulations establish a statewide framework for the use of ballot drop boxes, local BOEs still retain much discretion on how to use them. And while this could change in the future, neither the Election Law nor the newly adopted regulations currently require that local BOEs use drop boxes. As local BOEs consider whether to allow for ballot drop boxes, they should carefully review the requirements imposed by the new regulations.
