S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5022
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 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  439  of  the  laws  of 2019, 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. 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].
   (B) ALL certificates  and  petitions  of  designation  or  nomination,
 certificates  of acceptance or declination of such designations or nomi-
 nations, certificates of authorization for such  designations  or  nomi-
 nations,  certificates of disqualification, 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 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 overnight 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 specifica-
 tions. Failure of the post office or  any  other  person  or  entity  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01972-01-1

 A. 5022                             2
 
 deliver  any  such  petition,  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,  certif-
 icates   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.
   (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-
 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
 PETITION, 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.