Bill Text: NY A02789 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to filing of papers; when received by a board of elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to election law [A02789 Detail]

Download: New_York-2017-A02789-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2789
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        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:
     1    Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
     2  amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
     3  follows:
     4    1. (a) All papers required to be filed pursuant to the  provisions  of
     5  this  chapter  shall,  unless  otherwise  provided, be filed between the
     6  hours of nine A.M. and five P.M. If the last day for filing  shall  fall
     7  on  a  Saturday,  Sunday  or  legal holiday, the next business day shall
     8  become the last day for filing. All papers sent by mail in  an  envelope
     9  postmarked  prior  to midnight of the last day of filing shall be deemed
    10  timely filed and accepted for filing when received[, except that all].
    11    (b) All certificates  and  petitions  of  designation  or  nomination,
    12  certificates of acceptance or declination of such designations and nomi-
    13  nations,  certificates  of  substitution  for such designations or nomi-
    14  nations and objections and specifications of objections to such  certif-
    15  icates and petitions required to be filed with the board of elections of
    16  the  city  of  New  York must be actually received by such city board of
    17  elections on or before the last day to file any such  petition,  certif-
    18  icate or objection and such office shall be open for the receipt of such
    19  petitions, certificates and objections until midnight on the last day to
    20  file  any  such  petition, certificate or objection. Failure of the post
    21  office or any other person or  entity  to  deliver  any  such  petition,
    22  certificate  or  objection  to such city board of elections on or before
    23  such last day shall be a fatal defect.
    24    (c) Upon the adoption of a resolution by a county board of  elections,
    25  the  election  commissioners of a county outside of the city of New York
    26  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.
                                                                   LBD04280-02-7
        A. 2789                             2
     1  nation,  certificates  of acceptance or declination of such designations
     2  and nominations, certificates of substitution for such  designations  or
     3  nominations  and  objections  and  specifications  of objections to such
     4  certificates  and  petitions  required  to  be  filed  with the board of
     5  elections of such county must be actually received by such county  board
     6  of  elections  on  or  before  the  last  day to file any such petition,
     7  certificate or objection and such office shall be open for  the  receipt
     8  of  such  petitions,  certificates  and objections until midnight on the
     9  last day to file any such petition, certificate or objection. Failure of
    10  the post office or any other person or entity to deliver any such  peti-
    11  tion,  certificate  or objection to such board of elections on or before
    12  such last day shall be a fatal defect.  Such resolution shall be adopted
    13  no later than March first of the year in which it shall be effective.
    14    (i) The resolution adopted by a county board  of  elections  shall  be
    15  posted prominently in the offices of the board of elections and shall be
    16  posted on such board of elections website.  The local board of elections
    17  adopting  such  a resolution may use any media source available to it to
    18  publish the resolution adopted by the board.  In addition,  such  resol-
    19  ution  shall  be  filed  with the state board of elections no later than
    20  five days after its adoption. The chairpersons of all  party  committees
    21  within  such  county shall be provided written notice of the adoption of
    22  such resolution no later than five days after its  adoption.  The  state
    23  board of elections shall make this information available on its website.
    24    (ii)  Any board of elections choosing to accept filings until midnight
    25  of the last day for filing, pursuant to the terms of this chapter, shall
    26  continue to receive filings in such manner until a resolution discontin-
    27  uing such practice is adopted by the  county  board  of  elections.  The
    28  resolution  discontinuing  such  practice shall be adopted no later than
    29  March first of the year in which it shall be  effective,  and  shall  be
    30  published and posted in the same manner as a resolution requiring filing
    31  by midnight on the last day for filing.
    32    §  2.  This  act shall take effect on the thirtieth day after it shall
    33  have become a law.