Relates to the filing of petitions of designation or nomination in the county of Westchester.
TITLE OF BILL: An act to amend the election law, in relation to the filing of papers in the county of Westchester
PURPOSE: This act creates a provision requiring Westchester county the board of elections stay open until midnight on the last day of a filing period.
SUMMARY OF PROVISIONS:
Section 1. Adds new language creating a Westchester county provision to have the board of elections open until midnight on the last day of a filing period.
JUSTIFICATION: During the 2013 election cycle, a legal challenge was brought against the Westchester County Board of Elections for staying open and receiving petitions after 5 P.M. Under current law, all documents must be received between 9 A.M. and 5 P.M, except in New York City where the Board of Elections is required to stay open until midnight. Traditionally, the Westchester County Board of Elections has opted to stay open until 11 P.M. on the last day of a filing period. This legislation creates a new provision for Westchester in codifying the additional hours which petitions can be received, modifying the law to match the desire of the county.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7005--A IN SENATE April 11, 2014 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 700 of the laws of 1977, 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 TWELVE A.M. 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 desig- nations and nominations, certificates of substitution for such desig- nations 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 peti- tion, 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. Fail- ure 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14596-03-4