§ 1-106 — Filing of papers; when received

New York § 1-106

• Jurisdiction: New York
• Law ELN: Election
• Art. 1: General Provisions

Text

§ 1-106. Filing of papers; when received. 1. All papers required to be\nfiled pursuant to the provisions of this chapter shall, unless otherwise\nprovided, be filed between the hours of nine A.M. and five P.M. On the\nlast day of filing in the county of Westchester, petitions of\ndesignation or nomination shall be filed between the hours of nine A.M.\nand midnight and such board of elections office shall be open to receive\nsuch petitions during the hours herein specified. If the last day for\nfiling shall fall on a Saturday, Sunday or legal holiday, the next\nbusiness day shall become the last day for filing. All papers sent by\nmail in an envelope postmarked prior to midnight of the last day of\nfiling shall be deemed timely filed and accepted for filing when\nreceived, except that all certificates and petitions of designation or\nnomination, certificates of acceptance or declination of such\ndesignations or nominations, certificates of authorization for such\ndesignations or nominations, certificates of disqualification,\ncertificates of substitution for such designations or nominations and\nobjections and specifications of objections to such certificates and\npetitions required to be filed with the state board of elections or a\nboard of elections outside of the city of New York shall be deemed\ntimely filed and accepted for filing if sent by mail or overnight\ndelivery service pursuant to subdivision three of this section, and\nreceived no later than two business days after the last day to file such\ncertificates, petitions, objections or specifications. Failure of the\npost office or any other person or entity to deliver any such petition,\ncertificate or objection to such board of elections outside the city of\nNew York no later than two business days after the last day to file such\ncertificates, petitions, objections or specifications shall be a fatal\ndefect. Excepted further that all certificates and petitions of\ndesignation or nomination, certificates of acceptance or declination of\nsuch designations and nominations, certificates of substitution for such\ndesignations or nominations and objections and specifications of\nobjections to such certificates and petitions required to be filed with\nthe board of elections of the city of New York must be actually received\nby such city board of elections on or before the last day to file any\nsuch petition, certificate or objection and such office shall be open\nfor the receipt of such petitions, certificates and objections until\nmidnight on the last day to file any such petition, certificate or\nobjection. Failure of the post office or any other person or entity to\ndeliver any such petition, certificate or objection to such city board\nof elections on or before such last day shall be a fatal defect.\n 2. The failure to file any petition or certificate relating to the\ndesignation or nomination of a candidate for party position or public\noffice or to the acceptance or declination of such designation or\nnomination within the time prescribed by the provisions of this chapter\nshall be a fatal defect.\n 3. (a) Any reference in this chapter to the United States mail shall\nbe treated as including a reference to any delivery service designated\nby the secretary of the treasury of the United States pursuant to\nsection seventy-five hundred two of the internal revenue code and any\nreference in this chapter to a postmark or a postmark by the United\nStates mail shall be treated as including a reference to any date\nrecorded or marked in the manner described in section seventy-five\nhundred two of the internal revenue code by a designated delivery\nservice. If the state board of elections finds that any delivery service\ndesignated by such secretary is inadequate for the needs of the state,\nthe state board of elections may withdraw such designation for purposes\nof this article. The state board of elections may also designate\nadditional delivery services meeting the criteria of section\nseventy-five hundred two of the internal revenue code for purposes of\nthis article, or may withdraw any such designation if the state board of\nelections finds that a delivery service so designated is inadequate for\nthe needs of the state. Any reference in this chapter to the United\nStates mail shall be treated as including a reference to any delivery\nservice designated by the state board of elections and any reference in\nthis chapter to a postmark by the United States mail shall be treated as\nincluding a reference to any date recorded or marked in the manner\ndescribed in section seventy-five hundred two of the internal revenue\ncode by a delivery service designated by the state board of elections.\n (b) Any equivalent of registered or certified mail designated by the\nUnited States secretary of the treasury, or as may be designated by the\nstate board of elections pursuant to the same criteria used by such\nsecretary for such designations pursuant to section seventy-five hundred\ntwo of the internal revenue code, shall be included within the meaning\nof registered or certified mail as used in this chapter. If the state\nboard of elections finds that any equivalent of registered or certified\nmail designated by such secretary or the state board of elections is\ninadequate for the needs of the state, the state board of elections may\nwithdraw such designation for purposes of this article.\n