S T A T E   O F   N E W   Y O R K
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                                  10634

                          I N  A S S E M B L Y

                              June 12, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
  Stokes) -- read once and referred 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 TWELVE, such petition shall be deemed to be time-
ly 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 TWELVE.  A petition  sent  by
mail  in an envelope postmarked prior to midnight on [April ninth, nine-
teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND TWELVE, 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 TWELVE THE TERM
OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY  SCHOOL  SUBDISTRICT
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  each
member  of  such  board  from  a  city school subdistrict shall be three

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

                                                           LBD07599-03-2

A. 10634                            2

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 TWELVE  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, 2012,  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.