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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2787--A
                               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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04280-03-7
        S. 2787--A                          2
     1    (c) Upon the adoption of a resolution by a county board of  elections,
     2  the  election  commissioners of a county outside of the city of New York
     3  may provide that all certificates and petitions of designation or  nomi-
     4  nation,  certificates  of acceptance or declination of such designations
     5  and  nominations,  certificates of substitution for such designations or
     6  nominations and objections and  specifications  of  objections  to  such
     7  certificates  and  petitions  required  to  be  filed  with the board of
     8  elections of such county must be actually received by such county  board
     9  of  elections  on  or  before  the  last  day to file any such petition,
    10  certificate or objection and such office shall be open for  the  receipt
    11  of  such  petitions,  certificates  and objections until midnight on the
    12  last day to file any such petition, certificate or objection. Failure of
    13  the post office or any other person or entity to deliver any such  peti-
    14  tion,  certificate  or objection to such board of elections on or before
    15  such last day shall be a fatal defect.  Such resolution shall be adopted
    16  no later than March first of the year in which it shall be effective.
    17    (i) The resolution adopted by a county board  of  elections  shall  be
    18  posted prominently in the offices of the board of elections and shall be
    19  posted on such board of elections website.  The local board of elections
    20  adopting  such  a resolution may use any media source available to it to
    21  publish the resolution adopted by the board.  In addition,  such  resol-
    22  ution  shall  be  filed  with the state board of elections no later than
    23  five days after its adoption. The chairpersons of all  party  committees
    24  within  such  county shall be provided written notice of the adoption of
    25  such resolution no later than five days after its  adoption.  The  state
    26  board of elections shall make this information available on its website.
    27    (ii)  Any board of elections choosing to accept filings until midnight
    28  of the last day for filing, pursuant to the terms of this chapter, shall
    29  continue to receive filings in such manner until a resolution discontin-
    30  uing such practice is adopted by the  county  board  of  elections.  The
    31  resolution  discontinuing  such  practice shall be adopted no later than
    32  March first of the year in which it shall be  effective,  and  shall  be
    33  published and posted in the same manner as a resolution requiring filing
    34  by midnight on the last day for filing.
    35    §  2.  This  act shall take effect on the thirtieth day after it shall
    36  have become a law.