Bill S7605-2011

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

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

Details

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

Votes

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, Commissioners, 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 decision 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7605 IN 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
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.

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