What's happening
This bill requires certain election documents to be received by boards of elections by the filing deadline, allowing counties to adopt midnight deadlines.
Why it matters
Ensures timely receipt of key election documents. The bill clarifies that certain critical documents (like candidate petitions, certificates of nomination/acceptance/declination, and related objections) must be physically received by the board of elections by the filing deadline, not just postmarked, making the process more reliable and less prone to last-minute mailing issues.
Empowers local boards for greater accessibility. County boards of elections (outside NYC) can now adopt resolutions to keep their offices open until midnight on filing days, potentially increasing access and flexibility for candidates and parties to meet deadlines.
Requires transparency and public notice. If a county chooses or later discontinues midnight filings, they must publicly post the resolution, notify party leaders, and inform the State Board of Elections—helping ensure all stakeholders are aware of the rules and changes.
Reduces uncertainty and legal disputes. By removing the ability to rely on mail postmarks for certain filings and requiring actual receipt, the bill minimizes ambiguity and potential litigation over whether documents were filed on time, leading to clearer, more enforceable deadlines.
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Who cares
Headline styles
Change Election Filing Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1315
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
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.
LBD00598-01-9
A. 1315 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.
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