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Relates to filing of papers; when received
In Assembly Committee · Election Law · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to filing of papers
Purpose
This act creates a provision allowing a county board of elections to adopt a resolution in order to stay open until midnight on the last day of a filing period.
Summary of provisions
Section 1 amends subdivision 1 of section 1-106 of the election law and states that upon the adoption of a resolution by a county board of elections, the election commissioners of a county outside of the city of New York may provide that such county board of elections office can stay open for the receipt of filings until midnight on the last day to file any such filing. Failure of the post office or any other person or entity to deliver any such filing to the board of elections on or before such last day shall be a fatal defect. Such resolution shall be adopted not later than March first of the year in which it shall be effective.
Read the full memo (680 words)
This section also provides that the resolution adopted by a county board of elections shall be posted prominently in the offices of the board of elections and shall be posted on such board of elections web site. The local board of elections adopting such a resolution may use any media source available to it to publish the resolution adopted by the board. There is also a provision requiring that the resolution be filed with the state board of elections.
Finally, this section provides that any board of elections choosing to accept filings until midnight of the last day for filing shall continue to receive filings in such manner until a resolution discontinuing such practice is adopted by the County Board of Elections. A deadline for such resolution is set and it shall be published and posted in the same manner as a resolution requiring filing by midnight on the last day for filing.
Section 2 provides the effective date.
Justification
Under current election law, filing papers must be received by a board of elections between 9 A.M. and 5 P.M, except in New York City where the board of elections is required to stay open until midnight on the last day to file such papers. This legislation creates a new provision allowing a county board of elections to adopt a resolution to accept filings until midnight on the last day of a filing period. County board of elections that choose to adopt such a resolution will have to accept filings until midnight on every last day of a filing period, meaning the last date for every type of filing, including specifications.
Currently, candidates can postmark and mail a filing on the last day to file, resulting in the process being delayed through time spent waiting for the mailing to arrive. This legislation would make every filing date certain, since filing papers would have to be received by a board of elections by midnight on the last day to file a particular filing.
Extending the time for filing will be beneficial because it can increase electoral access for candidates. The extension would support the concept of open government, especially for non-incumbents who have not had experience with the filing process for elections. Also, post offices now have reduced service hours so candidates are limited in terms of when they can mail a filing. Furthermore, this legislation will help to align the state with the statutory provisions for filing currently codified for New York City. It will give counties statewide the ability to take advantage of the extended filing times available to the New York City Board of Elections.
Legislative history
New bill.
Fiscal implications
This bill will result in increased costs to keep the county boards open later. However, some costs will be saved because of the ability to make each filing date certain and prevent delay in waiting periods to receive mailed filings.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.