Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.

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S868-2013 Actions

• May 23, 2013: ADVANCED TO THIRD READING
• May 22, 2013: 2ND REPORT CAL.
• May 21, 2013: 1ST REPORT CAL.642
• Jan 9, 2013: REFERRED TO EDUCATION

S868-2013 Meetings

Education: May 21, 2013

S868-2013 Calendars

Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013 , Floor Calendar: May 29, 2013

S868-2013 Votes

S868-2013 Memo

BILL NUMBER:S868                REVISED 1/7/13

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

PURPOSE OR GENERAL IDEA OF BILL: Provides for the
election of members
of the board of Education of the Buffalo city school district in
November rather than May.

SUMMARY OF SPECIFIC PROVISIONS: Subparagraph 3 of
paragraph d of
Section 2553 of the education law is amended to provide for school
board elections to be held in November, 2013, if the petition is
filed with the Erie County Board of Elections or is postmarked
on/before October 4, 2013. Furthermore, deadlines are imposed as to
the filing of written objections to such petitions.

Subparagraph 3 of paragraph n of subdivision 2553 is amended to
provide for a term of office of two years for each member of such
board from a city school district elected in November, 2013, and four
years for each member elected at large until the expiration of such
terms.

Subparagraph 3 of paragraphs o and p of subdivision 2553 is amended to
require board of education members to convene in January of each year
to elect from their members a president, who shall serve a term of
one year. The election of these members will take place on November
8, 2013, and subsequently on the first Tuesday after the first Monday
in November.

Section 2, which would take effect immediately, is amended to apply
only to those board members whose terms would expire on June 30, 2013.

JUSTIFICATION: This bill would move the Buffalo
School Board elections
from May to November in order to increase voter participation and
lessen the costs associated with the election process. Past years
elections have seen voter turnout as low as five percent of eligible
voters, all at a cost of nearly $100,000 to the fiscally challenged
city coffers. Currently, the cities of Rochester and Syracuse hold
their school board elections in November.

PRIOR LEGISLATIVE HISTORY: Passed Senate in 2011 and
2012

FISCAL IMPLICATIONS: Beneficial to City of Buffalo
with estimated savings of $100,000.

EFFECTIVE DATE: This act shall take effect immediately.

S868-2013 Text

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

                                     868

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

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

  AN ACT to amend the education law, in  relation  to  providing  for  the
    election  of  members  of  the  board of education of the Buffalo city
    school district in November

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


    Section  1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
  subdivision 10 of section 2553 of the education law, subparagraph  3  of
  paragraph  d  and paragraphs n and o as added by chapter 242 of the laws
  of 1974 and paragraph p as amended by chapter 95 of the  laws  of  1979,
  are amended to read as follows:

    (3)    For  the  election held in [May, nineteen hundred seventy-four]
  NOVEMBER, TWO THOUSAND THIRTEEN, such petition shall  be  deemed  to  be
  timely  filed  for such election if filed with the clerk of the board of
  elections of Erie county on or before  [April  ninth,  nineteen  hundred
  seventy-four] OCTOBER FOURTH, TWO THOUSAND THIRTEEN.  A petition sent by
  mail  in an envelope postmarked prior to midnight on [April ninth, nine-
  teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND THIRTEEN,  shall
  be  deemed  to be timely filed when received.  Written objection to such
  petition shall be filed within [two] THREE days after the [date this act
  shall have become a law] LAST DAY TO FILE THE  PETITION  and  specifica-
  tions  of  the  grounds  of the objections shall be filed with the board
  within [one day] SIX DAYS after the filing of the objection and institu-
  tion of court proceedings relating thereto shall be commenced not  later
  than [May second, nineteen hundred seventy-four] FOURTEEN DAYS AFTER THE
  LAST  DAY  TO  FILE THE PETITION OR WITHIN THREE BUSINESS DAYS AFTER THE
  BOARD OF ELECTIONS MAKES A DETERMINATION OF INVALIDITY WITH  RESPECT  TO
  SUCH PETITION, WHICHEVER IS LATER.
    n.  [The]  FOR  MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND THIRTEEN THE
  TERM OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL  SUBDIS-
  TRICT  SHALL BE TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL BE
  FOUR YEARS AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office  of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04102-01-3

 S. 868                              2

  each  member of such board from a city school subdistrict shall be three
  years, and the term of office of each such member of the  board  elected
  at  large  shall  be for five years. Of the candidates to be elected for
  membership  on the board of education of the city school district of the
  city of Buffalo by the voters at large the  three  candidates  receiving
  the  largest number of votes cast in the city, shall be declared elected
  as at-large members of such board of  education.  In  each  city  school
  subdistrict  the  candidates  seeking the election as the member of such
  board of education for such city school subdistrict receiving a plurali-
  ty of votes in such city school subdistrict shall be declared elected to
  that position.
    Whenever a vacancy shall occur or exist in the office of member of the
  board of education except by reason of expiration of term or increase in
  the number of members of such board, such vacancy shall be filled  by  a
  majority  vote of the remaining members of the board of education within
  thirty days of the date when such vacancy shall have  occurred.  If  the
  remaining  members  of  the  board  of education shall fail to fill such
  vacancy within such thirty day period, then the mayor  of  the  city  of
  Buffalo shall within thirty days thereafter fill such vacancy subject to
  the  confirmation  of such appointment by the common council of the city
  of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
  member of the board of education unless he fulfills all  of  the  quali-
  fications  in  this  subdivision to enable him to be a candidate for the
  office of a member of  the  board  of  education  from  the  subdistrict
  involved.
    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 regu-
  lations 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,  nine-
  teen hundred seventy-four] NOVEMBER EIGHTH, TWO THOUSAND THIRTEEN and on
  the first Tuesday AFTER THE FIRST MONDAY in [May] NOVEMBER thereafter 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.
    S 2. Notwithstanding any inconsistent provision of law,  the  term  of
  every  member  of  the board of education of the city school district of
  Buffalo, which term is scheduled to expire on June 30, 2013,  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 Janu-
  ary and end on the last day of December of the appropriate year.
    S 3. This act shall take effect immediately.