USPS no longer offers guaranteed overnight delivery in New York City.

As of on or about April 1, 2025, the USPS product known as “USPS PRIORITY EXPRESS NEXT DAY” no longer exists. It has been replaced by “Priority Mail Express 1-3 Day.” “Priority Mail Express 1-3 Day,” will not in all instances qualify as “overnight mail.”

Election Law 6-154 (3) (b) provides that specifications of objections must be served on the relevant candidate(s) before filing same with the board of elections. This service on the candidate(s) must occur either by: (i) personal delivery or (ii) by sending via “overnight mail” (or its Election Law 1-106 “overnight” equivalents).

“Priority Mail Express 1-3 Day” only meets the “overnight mail” requirement for service on the relevant candidate(s) when the estimated day of delivery stated by the USPS is the next day after the date of mailing.

Please note that FedEx “Overnight” and United Parcel Service (UPS) “Next Day” products that provide for next day delivery, remain sufficient. Provided the anticipated date of delivery of the specifications of objections is the next day, the objector meets their obligation to “mail [] by overnight mail a duplicate copy of the specification…”

The NYSBOE Guidance related to Specifications of Objections dated 4.17.2023 is superseded to the extent it is inconsistent with this Guidance, and a conforming version of the prior comprehensive guidance document will be issued.