§ 1-106. Filing of papers; when received. 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 authorization for such
designations or nominations, 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 specifications. Failure of the
post office or any other person or entity to 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, 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. The failure to file any petition or certificate relating to the
designation or nomination of a candidate for party position or public
office or to the acceptance or declination of such designation or
nomination within the time prescribed by the provisions of this chapter
shall be a fatal defect.

3. (a) Any reference in this chapter to the United States mail shall
be treated as including a reference to any delivery service designated
by the secretary of the treasury of the United States pursuant to
section seventy-five hundred two of the internal revenue code and any
reference in this chapter to a postmark or a postmark by the United
States mail shall be treated as including a reference to any date
recorded or marked in the manner described in section seventy-five
hundred two of the internal revenue code by a designated delivery
service. If the state board of elections finds that any delivery service
designated by such secretary is inadequate for the needs of the state,
the state board of elections may withdraw such designation for purposes
of this article. The state board of elections may also designate
additional delivery services meeting the criteria of section
seventy-five hundred two of the internal revenue code for purposes of
this article, or may withdraw any such designation if the state board of
elections finds that a delivery service so designated is inadequate for
the needs of the state. Any reference in this chapter to the United
States mail shall be treated as including a reference to any delivery
service designated by the state board of elections and any reference in
this chapter to a postmark by the United States mail shall be treated as
including a reference to any date recorded or marked in the manner
described in section seventy-five hundred two of the internal revenue
code by a delivery service designated by the state board of elections.

(b) Any equivalent of registered or certified mail designated by the
United States secretary of the treasury, or as may be designated by the
state board of elections pursuant to the same criteria used by such
secretary for such designations pursuant to section seventy-five hundred
two of the internal revenue code, shall be included within the meaning
of registered or certified mail as used in this chapter. If the state
board of elections finds that any equivalent of registered or certified
mail designated by such secretary or the state board of elections is
inadequate for the needs of the state, the state board of elections may
withdraw such designation for purposes of this article.