senate Bill S7605

Signed by Governor

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 06 / Jun / 2012
    • REFERRED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1222
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO EDUCATION
  • 14 / Jun / 2012
    • SUBSTITUTED FOR A10407
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.137
  • 14 / Jun / 2012
    • PASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.431

Summary

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

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Bill Details

See Assembly Version of this Bill:
A10407
Versions:
S7605
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยง2553, Ed L

Sponsor 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.

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

                                  7605

                            I N  S E N A T E

                              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.

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