What's happening
This bill requires certain election filings to be received by the deadline, allows counties to extend filing hours to midnight, and specifies procedures for adopting such policies.
Why it matters
Makes timeliness of certain key election filings stricter. For major documents like candidate petitions, nominations, and objections in New York City, the actual receipt by the Board of Elections—not just a timely postmark—is now required by the deadline. This reduces the chance for disputes or confusion over postmark dates and late mail delivery, but may disadvantage those relying on mail.
Allows but does not require counties outside NYC to adopt the same policy. County Boards of Elections can opt to require actual receipt of filings by the deadline and keep their offices open until midnight, but only if they formally adopt a resolution by March 1 of the relevant year. This creates potential variation between counties, which could impact candidates and campaigns differently depending on where they file.
Mandates transparency and notification if counties change filing policies. If a county board adopts or later discontinues the midnight filing policy, it must promptly notify the public via posted notices, its website, and media sources, as well as directly notify party committee chairs and the state Board of Elections. This ensures stakeholders are informed about important changes in filing procedures that could affect their rights or candidacies.
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Who cares
Headline styles
Tighten Election Filing Deadlines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Election Filing Deadlines
In Senate Committee · Rules · Sponsor Fredrick J. Akshar II
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2789
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to filing of papers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1-106 of the election law, as amended by chapter 700 of the laws of 1977, is amended to read as follows:
1. (a) All papers required to be filed pursuant to the provisions of this chapter shall, unless otherwise provided, be filed between the hours of nine A.M. and five P.M. If the last day for filing shall fall on a Saturday, Sunday or legal holiday, the next business day shall become the last day for filing. All papers sent by mail in an envelope postmarked prior to midnight of the last day of filing shall be deemed timely filed and accepted for filing when received[, except that all].
(b) All certificates and petitions of designation or nomination, certificates of acceptance or declination of such designations and nominations, certificates of substitution for such designations or nominations and objections and specifications of objections to such certificates and petitions required to be filed with the board of elections of the city of New York must be actually received by such city board of elections on or before the last day to file any such petition, certificate or objection and such office shall be open for the receipt of such petitions, certificates and objections until midnight on the last day to file any such petition, certificate or objection. Failure of the post office or any other person or entity to deliver any such petition, certificate or objection to such city board of elections on or before such last day shall be a fatal defect.
(c) 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 all certificates and petitions of designation or nomi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04280-02-7
A. 2789 2
nation, certificates of acceptance or declination of such designations and nominations, certificates of substitution for such designations or nominations and objections and specifications of objections to such certificates and petitions required to be filed with the board of elections of such county must be actually received by such county board of elections on or before the last day to file any such petition, certificate or objection and such office shall be open for the receipt of such petitions, certificates and objections until midnight on the last day to file any such petition, certificate or objection. Failure of the post office or any other person or entity to deliver any such petition, certificate or objection to such board of elections on or before such last day shall be a fatal defect. Such resolution shall be adopted no later than March first of the year in which it shall be effective.
(i) 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 website. 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. In addition, such resolution shall be filed with the state board of elections no later than five days after its adoption. The chairpersons of all party committees within such county shall be provided written notice of the adoption of such resolution no later than five days after its adoption. The state board of elections shall make this information available on its website.
(ii) Any board of elections choosing to accept filings until midnight of the last day for filing, pursuant to the terms of this chapter, shall continue to receive filings in such manner until a resolution discontinuing such practice is adopted by the county board of elections. The resolution discontinuing such practice shall be adopted no later than March first of the year in which it shall be effective, and shall be published and posted in the same manner as a resolution requiring filing by midnight on the last day for filing.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.