S T A T E   O F   N E W   Y O R K
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                                  5519

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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.  Section  1-106 of the election law is amended by adding a
new subdivision 3 to read as follows:
  3. (A) ANY REFERENCE IN THIS CHAPTER TO THE UNITED STATES  MAIL  SHALL
BE TREATED AS ALSO INCLUDING FEDERAL EXPRESS PRIORITY OVERNIGHT, FEDERAL
EXPRESS  STANDARD OVERNIGHT, FEDERAL EXPRESS SECOND DAY, FEDERAL EXPRESS
INTERNATIONAL PRIORITY,  FEDERAL  EXPRESS  INTERNATIONAL  FIRST,  UNITED
PARCEL  SERVICE  NEXT DAY AIR, UNITED PARCEL SERVICE NEXT DAY AIR SAVER,
UNITED PARCEL SERVICE SECOND DAY AIR, UNITED PARCEL SERVICE  SECOND  DAY
AIR A.M., UNITED PARCEL SERVICE WORLDWIDE PLUS AND UNITED PARCEL SERVICE
WORLDWIDE  EXPRESS  AND  ANY  OTHER  DELIVERY  SERVICE DESIGNATED BY THE
SECRETARY OF THE TREASURY OF  THE  UNITED  STATES  PURSUANT  TO  SECTION
SEVENTY-FIVE HUNDRED TWO OF THE INTERNAL REVENUE CODE, AND ANY REFERENCE
IN  THIS  CHAPTER  TO A POSTMARK OR A POSTMARK BY THE UNITED STATES MAIL
SHALL BE TREATED AS INCLUDING A REFERENCE TO ANY DATE RECORDED OR MARKED
IN THE MANNER DESCRIBED IN  SECTION  SEVENTY-FIVE  HUNDRED  TWO  OF  THE
INTERNAL  REVENUE  CODE  BY  A DESIGNATED DELIVERY SERVICE. IF THE STATE
BOARD OF ELECTIONS FINDS THAT ANY DELIVERY SERVICE  DESIGNATED  BY  SUCH
SECRETARY  IS  INADEQUATE FOR THE NEEDS OF THE STATE, THE STATE BOARD OF
ELECTIONS MAY WITHDRAW SUCH DESIGNATION FOR PURPOSES  OF  THIS  ARTICLE.
THE  STATE  BOARD  OF  ELECTIONS  MAY ALSO DESIGNATE ADDITIONAL DELIVERY
SERVICES MEETING THE CRITERIA OF SECTION SEVENTY-FIVE HUNDRED TWO OF THE
INTERNAL REVENUE CODE FOR PURPOSES OF THIS ARTICLE, OR MAY WITHDRAW  ANY
SUCH  DESIGNATION  IF THE STATE BOARD OF ELECTIONS FINDS THAT A DELIVERY
SERVICE SO DESIGNATED IS INADEQUATE FOR THE  NEEDS  OF  THE  STATE.  ANY
REFERENCE  IN  THIS  TITLE TO THE UNITED STATES MAIL SHALL BE TREATED AS
INCLUDING A REFERENCE TO ANY DELIVERY SERVICE DESIGNATED  BY  THE  STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11141-01-5
              

S. 5519                             2

BOARD  OF  ELECTIONS  AND ANY REFERENCE IN THIS CHAPTER TO A POSTMARK BY
THE UNITED STATES MAIL SHALL BE TREATED AS INCLUDING A REFERENCE TO  ANY
DATE  RECORDED OR MARKED IN THE MANNER DESCRIBED IN SECTION SEVENTY-FIVE
HUNDRED  TWO  OF  THE INTERNAL REVENUE CODE BY A DELIVERY SERVICE DESIG-
NATED BY THE STATE BOARD OF ELECTIONS.
  (B) ANY EQUIVALENT OF REGISTERED OR CERTIFIED MAIL DESIGNATED  BY  THE
UNITED  STATES SECRETARY OF THE TREASURY, OR AS MAY BE DESIGNATED BY THE
STATE BOARD OF ELECTIONS PURSUANT TO THE  SAME  CRITERIA  USED  BY  SUCH
SECRETARY FOR SUCH DESIGNATIONS PURSUANT TO SECTION SEVENTY-FIVE HUNDRED
TWO  OF  THE INTERNAL REVENUE CODE, SHALL BE INCLUDED WITHIN THE MEANING
OF REGISTERED OR CERTIFIED MAIL AS USED IN THIS CHAPTER.  IF  THE  STATE
BOARD  OF ELECTIONS FINDS THAT ANY EQUIVALENT OF REGISTERED OR CERTIFIED
MAIL DESIGNATED BY SUCH SECRETARY OR THE STATE  BOARD  OF  ELECTIONS  IS
INADEQUATE  FOR THE NEEDS OF THE STATE, THE STATE BOARD OF ELECTIONS MAY
WITHDRAW SUCH DESIGNATION FOR PURPOSES OF THIS ARTICLE.
  S 2. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 179 of the laws of 2005, is amended to read as follows:
  3. Completed application forms, when received by any [county] board of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the twenty-fifth day before the next
ensuing primary, general or special election, and received no later than
the twentieth day before such election, or delivered in person  to  such
county  board of elections not later than the tenth day before a special
election, shall entitle the applicant to vote in such election, if he or
she is otherwise qualified, provided, however, such applicant shall  not
vote  on  a  voting  machine  until his or her identity is verified. Any
county board of elections receiving an application form  from  a  person
who does not reside in its jurisdiction but who does reside elsewhere in
the  state of New York, shall forthwith forward such application form to
the proper county board of elections. Each board of elections shall make
an entry on each such form of the date it is received by such board.
  S 3. This act shall take effect immediately.