Bill Text: NY A08804 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the filing of papers in Westchester county; requires all applicable papers to be filed with the BOE in NYC and Westchester must actually be received by such BOE on or before the last day to file any such petition, certificate and objection.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2014-04-01 - enacting clause stricken [A08804 Detail]
Download: New_York-2013-A08804-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8804--A I N A S S E M B L Y February 14, 2014 ___________ Introduced by M. of A. PAULIN, GALEF, ABINANTI, BUCHWALD, PRETLOW, MAYER, OTIS, KATZ -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to the filing of papers in Westchester county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1-106 of the election law, subdivision 1 as amended 2 by chapter 700 of the laws of 1977, is amended to read as follows: 3 S 1-106. Filing of papers; when received. 1. All papers required to be 4 filed pursuant to the provisions of this chapter shall, unless otherwise 5 provided, be filed between the hours of nine A.M. and five P.M. If the 6 last day for filing shall fall on a Saturday, Sunday or legal holiday, 7 the next business day shall become the last day for filing. All papers 8 sent by mail in an envelope postmarked prior to midnight of the last day 9 of filing shall be deemed timely filed and accepted for filing when 10 received[, except that all]. 11 2. NEW YORK CITY. ALL certificates and petitions of designation or 12 nomination, certificates of acceptance or declination of such desig- 13 nations and nominations, certificates of substitution for such desig- 14 nations or nominations and objections and specifications of objections 15 to such certificates and petitions required to be filed with the board 16 of elections of the city of New York must be actually received by such 17 city board of elections on or before the last day to file any such peti- 18 tion, certificate or objection and such office shall be open for the 19 receipt of such petitions, certificates and objections until midnight on 20 the last day to file any such petition, certificate or objection. Fail- 21 ure of the post office or any other person or entity to deliver any such 22 petition, certificate or objection to such city board of elections on or 23 before such last day shall be a fatal defect. 24 3. ALL CERTIFICATES AND PETITIONS OF DESIGNATION OR NOMINATION AND 25 PETITIONS REQUIRED TO BE FILED WITH THE WESTCHESTER COUNTY BOARD OF 26 ELECTIONS MUST BE ACTUALLY RECEIVED BY SUCH BOARD OF ELECTIONS ON OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13864-03-4 A. 8804--A 2 1 BEFORE THE LAST DAY TO FILE ANY SUCH PETITION AND SUCH OFFICE SHALL BE 2 OPEN FOR THE RECEIPT OF SUCH PETITIONS UNTIL MIDNIGHT ON THE LAST DAY TO 3 FILE ANY SUCH PETITION. 4 [2] 4. The failure to file any petition or certificate relating to the 5 designation or nomination of a candidate for party position or public 6 office or to the acceptance or declination of such designation or nomi- 7 nation within the time prescribed by the provisions of this chapter 8 shall be a fatal defect. 9 S 2. This act shall take effect immediately.