NY Elec L § 1-106 (2021)
2021 New York Laws ELN - Election Article 1 - General Provisions 1-106 - Filing of Papers; When Received.

§ 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.