S T A T E   O F   N E W   Y O R K
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                                  10463

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

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:

  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

A. 10463                            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.