S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2789
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 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:

   Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
 amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
 follows:
   1. (A) All papers required to be filed pursuant to the  provisions  of
 this  chapter  shall,  unless  otherwise  provided, be filed between the
 hours of nine A.M. and five P.M. If the last day for filing  shall  fall
 on  a  Saturday,  Sunday  or  legal holiday, the next business day shall
 become the last day for filing. All papers sent by mail in  an  envelope
 postmarked  prior  to midnight of the last day of filing shall be deemed
 timely filed and accepted for filing when received[, except that all].
   (B) ALL certificates  and  petitions  of  designation  or  nomination,
 certificates of acceptance or declination of such designations and nomi-
 nations,  certificates  of  substitution  for such designations or nomi-
 nations and objections and specifications of objections to such  certif-
 icates and petitions required to be filed with the board of elections of
 the  city  of  New  York must be actually received by such city board of
 elections on or before the last day to file any such  petition,  certif-
 icate or objection and such office shall be open for the receipt of such
 petitions, certificates and objections until midnight on the last day to
 file  any  such  petition, certificate or objection. Failure of the post
 office or any other person or  entity  to  deliver  any  such  petition,
 certificate  or  objection  to such city board of elections on or before
 such last day shall be a fatal defect.
   (C) UPON THE ADOPTION OF A RESOLUTION BY A COUNTY BOARD OF  ELECTIONS,
 THE  ELECTION  COMMISSIONERS OF A COUNTY OUTSIDE OF THE CITY OF NEW YORK
 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.
              

                                                            LBD04280-02-7

 A. 2789                             2
 
 NATION,  CERTIFICATES  OF ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS
 AND NOMINATIONS, CERTIFICATES OF SUBSTITUTION FOR SUCH  DESIGNATIONS  OR
 NOMINATIONS  AND  OBJECTIONS  AND  SPECIFICATIONS  OF OBJECTIONS TO SUCH
 CERTIFICATES  AND  PETITIONS  REQUIRED  TO  BE  FILED  WITH THE BOARD OF
 ELECTIONS OF SUCH COUNTY MUST BE ACTUALLY RECEIVED BY SUCH COUNTY  BOARD
 OF  ELECTIONS  ON  OR  BEFORE  THE  LAST  DAY TO FILE ANY SUCH PETITION,
 CERTIFICATE OR OBJECTION AND SUCH OFFICE SHALL BE OPEN FOR  THE  RECEIPT
 OF  SUCH  PETITIONS,  CERTIFICATES  AND OBJECTIONS UNTIL MIDNIGHT ON THE
 LAST DAY TO FILE ANY SUCH PETITION, CERTIFICATE OR OBJECTION. FAILURE OF
 THE POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER ANY SUCH  PETI-
 TION,  CERTIFICATE  OR OBJECTION TO SUCH BOARD OF ELECTIONS ON OR BEFORE
 SUCH LAST DAY SHALL BE A FATAL DEFECT.  SUCH RESOLUTION SHALL BE ADOPTED
 NO LATER THAN MARCH FIRST OF THE YEAR IN WHICH IT SHALL BE EFFECTIVE.
   (I) THE RESOLUTION ADOPTED BY A COUNTY BOARD  OF  ELECTIONS  SHALL  BE
 POSTED PROMINENTLY IN THE OFFICES OF THE BOARD OF ELECTIONS AND SHALL BE
 POSTED ON SUCH BOARD OF ELECTIONS WEBSITE.  THE LOCAL BOARD OF ELECTIONS
 ADOPTING  SUCH  A RESOLUTION MAY USE ANY MEDIA SOURCE AVAILABLE TO IT TO
 PUBLISH THE RESOLUTION ADOPTED BY THE BOARD.  IN ADDITION,  SUCH  RESOL-
 UTION  SHALL  BE  FILED  WITH THE STATE BOARD OF ELECTIONS NO LATER THAN
 FIVE DAYS AFTER ITS ADOPTION. THE CHAIRPERSONS OF ALL  PARTY  COMMITTEES
 WITHIN  SUCH  COUNTY SHALL BE PROVIDED WRITTEN NOTICE OF THE ADOPTION OF
 SUCH RESOLUTION NO LATER THAN FIVE DAYS AFTER ITS  ADOPTION.  THE  STATE
 BOARD OF ELECTIONS SHALL MAKE THIS INFORMATION AVAILABLE ON ITS WEBSITE.
   (II)  ANY BOARD OF ELECTIONS CHOOSING TO ACCEPT FILINGS UNTIL MIDNIGHT
 OF THE LAST DAY FOR FILING, PURSUANT TO THE TERMS OF THIS CHAPTER, SHALL
 CONTINUE TO RECEIVE FILINGS IN SUCH MANNER UNTIL A RESOLUTION DISCONTIN-
 UING SUCH PRACTICE IS ADOPTED BY THE  COUNTY  BOARD  OF  ELECTIONS.  THE
 RESOLUTION  DISCONTINUING  SUCH  PRACTICE SHALL BE ADOPTED NO LATER THAN
 MARCH FIRST OF THE YEAR IN WHICH IT SHALL BE  EFFECTIVE,  AND  SHALL  BE
 PUBLISHED AND POSTED IN THE SAME MANNER AS A RESOLUTION REQUIRING FILING
 BY MIDNIGHT ON THE LAST DAY FOR FILING.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.