N.Y. Election Law § 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.