Bill Text: NY S07964 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-06 - REPORTED AND COMMITTED TO RULES [S07964 Detail]

Download: New_York-2015-S07964-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7964
                    IN SENATE
                                      May 31, 2016
                                       ___________
        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-
    27  nation, certificates of acceptance or declination of  such  designations
    28  and  nominations,  certificates of substitution for such designations or
    29  nominations and objections and  specifications  of  objections  to  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15684-01-6
        S. 7964                             2
     1  certificates  and  petitions  required  to  be  filed  with the board of
     2  elections of such county must be actually received by such county  board
     3  of  elections  on  or  before  the  last  day to file any such petition,
     4  certificate  or  objection and such office shall be open for the receipt
     5  of such petitions, certificates and objections  until  midnight  on  the
     6  last day to file any such petition, certificate or objection. Failure of
     7  the  post office or any other person or entity to deliver any such peti-
     8  tion, certificate or objection to such board of elections on  or  before
     9  such last day shall be a fatal defect.  Such resolution shall be adopted
    10  not later than March first of the year in which it shall be effective.
    11    (i)  The  resolution  adopted  by a county board of elections shall be
    12  posted prominently in the offices of the board of elections and shall be
    13  posted on such board of elections website.  The local board of elections
    14  adopting such a resolution may use any media source available to  it  to
    15  publish  the  resolution adopted by the board.  In addition, such resol-
    16  ution shall be filed with the state board of elections  not  later  than
    17  five  days  after its adoption. The chairpersons of all party committees
    18  within such county shall be provided written notice of the  adoption  of
    19  such  resolution  not later than five days after its adoption. The state
    20  board of elections shall make this information available on its website.
    21    (ii) Any board of elections choosing to accept filings until  midnight
    22  of the last day for filing, pursuant to the terms of this chapter, shall
    23  continue to receive filings in such manner until a resolution discontin-
    24  uing  such  practice  is  adopted  by the county board of elections. The
    25  resolution discontinuing such practice shall be adopted  no  later  than
    26  March  first  of  the  year in which it shall be effective, and shall be
    27  published and posted in the same manner as a resolution requiring filing
    28  by midnight on the last day for filing.
    29    § 2. This act shall take effect on the thirtieth day  after  it  shall
    30  have become a law.