2023 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.