NY State Senate Bill 2015-S7964

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	reported and committed to rules
May 31, 2016	referred to elections

Votes

- Jun 6, 2016 - Elections Committee Vote
  S7964
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Jun 6, 2016
      
      aye (9)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Nozzolio

2015-S7964 (ACTIVE) - Details

See Assembly Version of this Bill:: A10463
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §1-106, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2787, A2789
2019-2020: A1315
2021-2022: A5022

2015-S7964 (ACTIVE) - Summary

Relates to filing of papers; when received.

2015-S7964 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7964

 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.

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.

2015-S7964 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7964

                            I N  S E N A T E

                              May 31, 2016
                               ___________

Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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:

  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 nomi-
nations, certificates of substitution for  such  designations  or  nomi-
nations  and objections and specifications of objections to such certif-
icates 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, certif-
icate 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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15684-01-6

S. 7964                             2

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 PETI-
TION, CERTIFICATE OR OBJECTION TO SUCH 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.
  (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 RESOL-
UTION SHALL BE FILED WITH THE STATE BOARD OF ELECTIONS  NOT  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  NOT 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 DISCONTIN-
UING  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.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Senate Bill S7964

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 6, 2016 - Elections Committee Vote

Elections Committee Vote: Jun 6, 2016

2015-S7964 (ACTIVE) - Details

2015-S7964 (ACTIVE) - Summary

2015-S7964 (ACTIVE) - Sponsor Memo

2015-S7964 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7964

Share this bill

Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S7964 (ACTIVE) - Details

2015-S7964 (ACTIVE) - Summary

2015-S7964 (ACTIVE) - Sponsor Memo

2015-S7964 (ACTIVE) - Bill Text download pdf

Comments