Move Buffalo School Elections

Section 1. Subparagraph 3 of paragraph d of subdivision 10 of section 2553 of the education law is REPEALED.

§ 2. Subparagraphs 1 and 2 of paragraph d and paragraphs g, j, m, o and p of subdivision 10 of section 2553 of the education law, as added by chapter 242 of the laws of 1974, paragraph g as amended by chapter 431 of the laws of 2012 and paragraph p as amended by chapter 95 of the laws of 1979, are amended to read as follows:

(1) Such election for such office shall be governed by the provisions of the election law in the same manner as candidates for office generally to be elected by the voters of the city of Buffalo [except, as the case may be, as to the date of the election; and, further provided, however, that]. Notwithstanding section 6-142 of the election law, each such candidate for election as a member of the board of education from a city school subdistrict shall be required to file a petition containing signatures of at least five hundred registered voters of such city school subdistrict in which he is a candidate and each candidate for election to the board of education by the voters at large shall be required to file a petition containing the signatures of at least one thousand registered voters of the city of Buffalo.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04781-08-9

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(2) No petition shall contain any political party or independent body name or label. Each petition shall contain the name of only one candidate and such petition shall be filed with [the clerk of] the board of elections of the county of Erie not earlier than [the fifth Tuesday] twenty-four weeks before, and not later than [the fourth Tuesday] twenty-three weeks preceding the date on which an election shall be held. A certificate of acceptance or declination of any individual so nominated shall be filed not later than the third day after the [fourth] twentythird Tuesday preceding the election.

g. Each sheet of such a petition shall be signed in ink and shall be substantially in the following form:

I, the undersigned, do hereby state that I am a duly qualified voter of the city of Buffalo, that my place of residence is truly stated opposite my signature hereto, and I do hereby nominate the following named person as a candidate for nomination (for the public office of member of the board of education of the city of Buffalo at large..............day of...................., 20.....,) (for the city school subdistrict.............day of........, 20.....)

I do hereby appoint........................(here insert the names and addresses of at least three persons, all of whom shall be registered voters within the city of Buffalo), as a committee to fill vacancies in accordance with the provisions of the election law.

In witness whereof, I have hereunto set my hand the day and year placed opposite my signature.

Date Name of Signer Present Residence .............. .................. .................... .............. .................. .................... .............. .................. ....................

The petition shall be authenticated by witnesses. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false shall subject the witness to the same penalties as if he or she had been duly sworn. The form of such statement shall be substantially as follows:

STATEMENT OF WITNESS

I,...................., (name of witness), state: I am a duly qualified voter of the state of New York, and now reside in the city, town or village of..............., in such state, at .......................(fill in street and house number and post office) therein. I know each of the voters whose names are subscribed to this petition sheet containing (fill in number).............signatures and each of them subscribed the same in my presence and upon so subscribing declared to me that the foregoing statement, made and subscribed by him, was true.

.....................

Signature of witness Date...........

j. Objections to petitions for the nomination of members of such board of education, procedures and remedies applicable to such objections shall be [the same as those applicable to independent nominating

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petitions under the election law, except as it may be modified by the provisions of paragraph (d) and paragraph (n) of this subdivision] made pursuant to section 6-154 of the election law.

m. If a candidate, after a petition in his behalf shall have been duly filed with [the clerk of] the board of elections, and prior to the date of the election, shall decline to accept the nomination, die, remove from the school district, accept [or be a candidate for] another [elective] office, or become otherwise disqualified for such city school district office, [a further petition may be filed with such clerk, nominating another candidate in his place and stead. Such further petition shall in all respects comply with the provisions of paragraphs d, f and h of this subdivision, except that it may be filed at any time up to and including the fifteenth day preceding the date of the election pursuant to the provisions of this subdivision and the time within which to accept or object to such further petition shall be computed from the date of filing or said fifteenth day, whichever is earlier] such vacancy shall be filled by the committee on vacancies pursuant to the election law.

o. The members so elected to the board of education shall convene on the first business day in [July] January of each year, at the time of the commencement of their term of office and select from their members a president who shall serve for a term of one year or such other term, not exceeding the term of his office, as may be fixed by the rules and regulations of the board.

p. The election of members of the board of education of the school district of the city of Buffalo shall take place on [May seventh, nineteen hundred seventy-four and on] the first Tuesday after the first Monday in [May thereafter] November in each year in which an incumbent's term expires. Such election shall be conducted by the board of elections of the county of Erie in the same manner as other elections are conducted by it. [Polls shall be open for voting for the hours prescribed by section 8-100 of the election law for primary elections.] The results of such elections, after canvassing, shall be certified and reported by the board of elections to the board of education of such city. The clerk or other appropriate officer of the board of education shall within twenty-four hours after receipt of such certification by the board of elections serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of education informing him of his election and the length of his term.

§ 3. Notwithstanding any inconsistent provision of law, the term of every member of the board of education of the city school district of Buffalo is hereby extended from June thirtieth of the year in which it is scheduled to expire to December thirty-first of such year. Terms of such members elected after this act becomes law shall begin on the first day of January and end on the last day of December of the appropriate year.

§ 4. This act shall take effect immediately.