Relates to Buffalo city school district petitions for nomination of school board members.

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S7605-2011 Actions

• Aug 17, 2012: SIGNED CHAP.431
• Aug 6, 2012: DELIVERED TO GOVERNOR
• Jun 14, 2012: returned to senate
• Jun 14, 2012: passed assembly
• Jun 14, 2012: ordered to third reading rules cal.137
• Jun 14, 2012: substituted for a10407
• Jun 13, 2012: referred to education
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1222
• Jun 6, 2012: REFERRED TO RULES

S7605-2011 Meetings

Rules: Jun 18, 2012

S7605-2011 Calendars

Floor Calendar: Jun 13, 2012

S7605-2011 Votes

S7605-2011 Memo

BILL NUMBER:S7605

TITLE OF BILL:
An act to amend the education law, in relation to Buffalo city school
district petitions for nomination of school board members

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend paragraphs f and g of subdivision 10 of section
2553 of the education law to remove petition requirements that were
deemed unconstitutional by the New York State Supreme Court.

SUMMARY OF SPECIFIC PROVISIONS:
Amends paragraphs f and g of subdivision 10 of section 2553 of the
education law pertaining to Buffalo School Board candidate petitions for
nomination by removing language requiring signatories to provide their
residence at the time of the last election and their former city school
subdistrict, ward and election district.

JUSTIFICATION:
This bill would conform the Buffalo School Board candidate petition
process to comply with a 2010 New York State Supreme Court decision
which declared the petition requirements to be unconstitutional (Matter
of Mary Ruth Kapsiak vs. Ralph M. Mohr and Dennis E. Ward, Commission-
ers, Erie County Board of Elections).  According to the ruling, the
current petition requirement that signatories provide their residence at
the time of the last general election in addition to their former city
school subdistrict, ward and election district, "... is a severe burden
on petitioners First Amendment right to political speech which does not
advance any legitimate or compelling State interests." This court deci-
sion has not been appealed. This bill would remove these requirements as
stipulated in education law to meet the constitutional provision cited
in the Court's decision.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7605-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7605

                              I N  SENATE

                                June 6, 2012
                                 ___________

  Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
    printed to be committed to the Committee on Rules

  AN ACT to amend the education law, in relation to  Buffalo  city  school
    district petitions for nomination of school board members

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraphs f and g of subdivision 10 of section 2553 of the
  education law, as added by chapter 242 of the laws of 1974, are  amended
  to read as follows:

    f.  Petitions for the nomination of members of such school board shall
  be on white paper containing the required signatures of qualified voters
  of the city of Buffalo. The sheets of such petition  shall  be  numbered
  consecutively,  beginning  with  number  one, at the foot of each sheet.
  Such a petition must set forth in every instance  the  correct  date  of
  signing,  the  full name of the signer[,] AND his [present] OR HER resi-
  dence[, the residence from which he was registered at the  time  of  the
  last  preceding general election, if he was registered at that time, the
  city school subdistrict of such residence at such time and the  election
  district  thereof  at  such  time. A signer need not himself fill in the
  date, residence or  residences,  city  school  subdistrict  or  election
  district.   The election district of the signer to be filed in the peti-
  tion shall be the election district in effect at the time  of  the  last
  preceding  general  election. If the residence from which the signer was
  registered at the time of the last preceding  general  election  is  the
  same  as  his present residence, the word "same" may be written, instead
  of repeating the place of residence. If the signer was not registered at
  the time of the last general election, he shall write "not registered at
  that time."]. A SIGNER NEED ONLY PLACE HIS OR  HER  SIGNATURE  UPON  THE
  PETITION,  AND  NEED  NOT  HIMSELF OR HERSELF FILL IN THE OTHER REQUIRED
  INFORMATION.
    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 [present] place  of  residence  [and  my

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15910-01-2

 S. 7605                             2

  place of residence at the time of the last preceding general election if
  I was registered at such time are] IS truly stated opposite my signature
  hereto,  [I  intend  to support at the ensuing election] 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...................., [19] 20.....,)
  (for   the  city  school  subdistrict.............day  of........,  [19]
  20.....)

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

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

  [At the Time of the Last Preceding General Election.

     Residence        City School Subdistrict        Election District
   ...............   .........................      ..................
   ...............   .........................      ..................
   ...............   .........................      ..................]

    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  quali-
  fied 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...........

    S 2. This act shall take effect immediately.