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.
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