NY State Senate Bill 2017-S2787A

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 20, 2018	committed to rules
May 02, 2018	advanced to third reading
May 01, 2018	2nd report cal.
Apr 30, 2018	1st report cal.885
Jan 03, 2018	referred to elections
Jun 21, 2017	committed to rules
May 03, 2017	advanced to third reading
May 02, 2017	2nd report cal.
May 01, 2017	1st report cal.678
Feb 21, 2017	print number 2787a
Feb 21, 2017	amend and recommit to elections
Jan 17, 2017	referred to elections

Votes

- Apr 30, 2018 - Elections Committee Vote
  S2787A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 30, 2018
      
      aye (9)
      
      Akshar
      
      Amedore
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kavanagh
      
      Krueger
      
      Marchione
      
      Tedisco
  May 1, 2017 - Elections Committee Vote
  S2787A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 1, 2017
      
      aye (9)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Tedisco

Bill Amendments

Original

A (Active)

2017-S2787 - Details

See Assembly Version of this Bill:: A2789
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §1-106, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7964, A10463
2019-2020: A1315
2021-2022: A5022

2017-S2787 - Summary

Relates to filing of papers; when received by board of elections.

2017-S2787 - Sponsor Memo

                                 BILL NUMBER:  S2787

 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 :

2016 - S.7964: Reported and Committed to Rules.
2016 - A.10463: Referred to Election Law.

 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.

2017-S2787 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2787
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04280-01-7

 S. 2787                             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  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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2017-S2787A (ACTIVE) - Details

See Assembly Version of this Bill:: A2789
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §1-106, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7964, A10463
2019-2020: A1315
2021-2022: A5022

2017-S2787A (ACTIVE) - Summary

Relates to filing of papers; when received by board of elections.

2017-S2787A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2787A

 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 :

2016 - S.7964: Reported and Committed to Rules. 2016 - A.10463:
Referred to Election Law.

 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.

2017-S2787A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2787--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04280-03-7

 S. 2787--A                          2
 
   (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
 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
 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  RESOL-
 UTION  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 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S2787A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Apr 30, 2018 - Elections Committee Vote

Elections Committee Vote: Apr 30, 2018

May 1, 2017 - Elections Committee Vote

Elections Committee Vote: May 1, 2017

Bill Amendments

2017-S2787 - Details

2017-S2787 - Summary

2017-S2787 - Sponsor Memo

2017-S2787 - Bill Text download pdf

2017-S2787A (ACTIVE) - Details

2017-S2787A (ACTIVE) - Summary

2017-S2787A (ACTIVE) - Sponsor Memo

2017-S2787A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2787A

Share this bill

Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S2787 - Details

2017-S2787 - Summary

2017-S2787 - Sponsor Memo

2017-S2787 - Bill Text download pdf

2017-S2787A (ACTIVE) - Details

2017-S2787A (ACTIVE) - Summary

2017-S2787A (ACTIVE) - Sponsor Memo

2017-S2787A (ACTIVE) - Bill Text download pdf

Comments