STATE OF NEW YORK ________________________________________________________________________ 5022 2021-2022 Regular Sessions IN ASSEMBLY February 10, 2021 ___________ 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1-106 of the election law, as 2 amended by chapter 439 of the laws of 2019, is amended to read as 3 follows: 4 1. (a) All papers required to be filed pursuant to the provisions of 5 this chapter shall, unless otherwise provided, be filed between the 6 hours of nine A.M. and five P.M. On the last day of filing in the county 7 of Westchester, petitions of designation or nomination shall be filed 8 between the hours of nine A.M. and midnight and such board of elections 9 office shall be open to receive such petitions during the hours herein 10 specified. If the last day for filing shall fall on a Saturday, Sunday 11 or legal holiday, the next business day shall become the last day for 12 filing. All papers sent by mail in an envelope postmarked prior to 13 midnight of the last day of filing shall be deemed timely filed and 14 accepted for filing when received[~~, except that all~~]. 15 (b) All certificates and petitions of designation or nomination, 16 certificates of acceptance or declination of such designations or nomi- 17 nations, certificates of authorization for such designations or nomi- 18 nations, certificates of disqualification, certificates of substitution 19 for such designations or nominations and objections and specifications 20 of objections to such certificates and petitions required to be filed 21 with the state board of elections or a board of elections outside of the 22 city of New York shall be deemed timely filed and accepted for filing if 23 sent by mail or overnight delivery service pursuant to subdivision three 24 of this section, and received no later than two business days after the 25 last day to file such certificates, petitions, objections or specifica- 26 tions. Failure of the post office or any other person or entity to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01972-01-1

A. 5022 2 1 deliver any such petition, certificate or objection to such board of 2 elections outside the city of New York no later than two business days 3 after the last day to file such certificates, petitions, objections or 4 specifications shall be a fatal defect. Excepted further that all 5 certificates and petitions of designation or nomination, certificates of 6 acceptance or declination of such designations and nominations, certif- 7 icates of substitution for such designations or nominations and 8 objections and specifications of objections to such certificates and 9 petitions required to be filed with the board of elections of the city 10 of New York must be actually received by such city board of elections on 11 or before the last day to file any such petition, certificate or 12 objection and such office shall be open for the receipt of such 13 petitions, certificates and objections until midnight on the last day to 14 file any such petition, certificate or objection. Failure of the post 15 office or any other person or entity to deliver any such petition, 16 certificate or objection to such city board of elections on or before 17 such last day shall be a fatal defect. 18 (c) Upon the adoption of a resolution by a county board of elections, 19 the election commissioners of a county outside of the city of New York 20 may provide that all certificates and petitions of designation or nomi- 21 nation, certificates of acceptance or declination of such designations 22 and nominations, certificates of substitution for such designations or 23 nominations and objections and specifications of objections to such 24 certificates and petitions required to be filed with the board of 25 elections of such county must be actually received by such county board 26 of elections on or before the last day to file any such petition, 27 certificate or objection and such office shall be open for the receipt 28 of such petitions, certificates and objections until midnight on the 29 last day to file any such petition, certificate or objection. Failure 30 of the post office or any other person or entity to deliver any such 31 petition, certificate or objection to such board of elections on or 32 before such last day shall be a fatal defect. Such resolution shall be 33 adopted no later than March first of the year in which it shall be 34 effective. 35 (i) The resolution adopted by a county board of elections shall be 36 posted prominently in the offices of the board of elections and shall be 37 posted on such board of elections website. The local board of elections 38 adopting such a resolution may use any media source available to it to 39 publish the resolution adopted by the board. In addition, such resol- 40 ution shall be filed with the state board of elections no later than 41 five days after its adoption. The chairpersons of all party committees 42 within such county shall be provided written notice of the adoption of 43 such resolution no later than five days after its adoption. The state 44 board of elections shall make this information available on its website. 45 (ii) Any board of elections choosing to accept filings until midnight 46 of the last day for filing, pursuant to the terms of this chapter, shall 47 continue to receive filings in such manner until a resolution discontin- 48 uing such practice is adopted by the county board of elections. The 49 resolution discontinuing such practice shall be adopted no later than 50 March first of the year in which it shall be effective, and shall be 51 published and posted in the same manner as a resolution requiring filing 52 by midnight on the last day for filing. 53 § 2. This act shall take effect on the thirtieth day after it shall 54 have become a law.

Relates to filing of papers; when received

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