Bill Text: NY S02787 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02787 Detail]

Download: New_York-2017-S02787-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2787
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     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.
                                                                   LBD04280-01-7
        S. 2787                             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  not 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 not 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 not 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.