S T A T E O F N E W Y O R K
________________________________________________________________________
5022
2021-2022 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivision 1 of section 1-106 of the election law, as
amended by chapter 439 of the laws of 2019, 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. On the last day of filing in the county
of Westchester, petitions of designation or nomination shall be filed
between the hours of nine A.M. and midnight and such board of elections
office shall be open to receive such petitions during the hours herein
specified. 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 or nomi-
nations, certificates of authorization for such designations or nomi-
nations, certificates of disqualification, 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 state board of elections or a board of elections outside of the
city of New York shall be deemed timely filed and accepted for filing if
sent by mail or overnight delivery service pursuant to subdivision three
of this section, and received no later than two business days after the
last day to file such certificates, petitions, objections or specifica-
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
deliver any such petition, certificate or objection to such board of
elections outside the city of New York no later than two business days
after the last day to file such certificates, petitions, objections or
specifications shall be a fatal defect. Excepted further that all
certificates and petitions of designation or nomination, certificates of
acceptance or declination of such designations and nominations, certif-
icates 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 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, 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 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
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
PETITION, 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.