S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4264
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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 the filing of papers in
   the county of Westchester
 
   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 5 of the laws of 2019, is amended to read as follows:
   1. 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.  ON THE LAST DAY OF  FILING  IN  THE  COUNTY  OF
 WESTCHESTER,  PETITIONS  OF  DESIGNATION  OR  NOMINATION  SHALL BE FILED
 BETWEEN THE HOURS OF NINE A.M. AND MIDNIGHT AND SUCH BOARD OF  ELECTIONS
 OFFICE  SHALL  BE OPEN TO RECEIVE SUCH PETITIONS DURING THE HOURS HEREIN
 SPECIFIED. 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  certificates  and
 petitions  of  designation  or nomination, certificates of acceptance or
 declination of such designations or nominations, certificates of author-
 ization for such designations or nominations, certificates of  disquali-
 fication,  certificates  of  substitution for such designations or nomi-
 nations  and  objections  and  specifications  of  objections  to   such
 certificates  and petitions required to be filed with the state board of
 elections or a board of elections outside of the city of New York  shall
 be  deemed timely filed and accepted for filing if sent by mail or over-
 night delivery service pursuant to subdivision three  of  this  section,
 and  received no later than two business days after the last day to file
 such certificates, petitions, objections or specifications.  Failure  of
 the  post office or any other person or entity to deliver any such peti-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03711-02-9

 S. 4264                             2
 
 tion, certificate or objection to such board of  elections  outside  the
 city  of  New York no later than two business days after the last day to
 file such certificates, petitions, objections or specifications shall be
 a  fatal defect. Excepted further that all certificates and petitions of
 designation or nomination, 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 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, 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 petition, certificate or objection to such  city  board
 of elections on or before such last day shall be a fatal defect.
   § 2. This act shall take effect immediately.