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S04264 Summary:

S04264 Actions:

S04264 Committee Votes:

S04264 Floor Votes:

S04264 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4264
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section  1.  Subdivision  1  of  section 1-106 of the election law, as
     2  amended by chapter 5 of the laws of 2019, is amended to read as follows:
     3    1. All papers required to be filed pursuant to the provisions of  this
     4  chapter  shall, unless otherwise provided, be filed between the hours of
     5  nine A.M. and five P.M.  On the last day of  filing  in  the  county  of
     6  Westchester,  petitions  of  designation  or  nomination  shall be filed
     7  between the hours of nine A.M. and midnight and such board of  elections
     8  office  shall  be open to receive such petitions during the hours herein
     9  specified. If the last day for filing shall fall on a  Saturday,  Sunday
    10  or  legal  holiday,  the next business day shall become the last day for
    11  filing. All papers sent by mail  in  an  envelope  postmarked  prior  to
    12  midnight  of  the  last  day  of filing shall be deemed timely filed and
    13  accepted for filing when received,  except  that  all  certificates  and
    14  petitions  of  designation  or nomination, certificates of acceptance or
    15  declination of such designations or nominations, certificates of author-
    16  ization for such designations or nominations, certificates of  disquali-
    17  fication,  certificates  of  substitution for such designations or nomi-
    18  nations  and  objections  and  specifications  of  objections  to   such
    19  certificates  and petitions required to be filed with the state board of
    20  elections or a board of elections outside of the city of New York  shall
    21  be  deemed timely filed and accepted for filing if sent by mail or over-
    22  night delivery service pursuant to subdivision three  of  this  section,
    23  and  received no later than two business days after the last day to file
    24  such certificates, petitions, objections or specifications.  Failure  of
    25  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
 
     1  tion, certificate or objection to such board of  elections  outside  the
     2  city  of  New York no later than two business days after the last day to
     3  file such certificates, petitions, objections or specifications shall be
     4  a  fatal defect. Excepted further that all certificates and petitions of
     5  designation or nomination, certificates of acceptance or declination  of
     6  such designations and nominations, certificates of substitution for such
     7  designations   or  nominations  and  objections  and  specifications  of
     8  objections to such certificates and petitions required to be filed  with
     9  the board of elections of the city of New York must be actually received
    10  by  such  city  board of elections on or before the last day to file any
    11  such petition, certificate or objection and such office  shall  be  open
    12  for  the  receipt  of  such petitions, certificates and objections until
    13  midnight on the last day to  file  any  such  petition,  certificate  or
    14  objection.  Failure  of the post office or any other person or entity to
    15  deliver any such petition, certificate or objection to such  city  board
    16  of elections on or before such last day shall be a fatal defect.
    17    § 2. This act shall take effect immediately.