senate Bill S3826

2013-2014 Legislative Session

Relates to the form and content of designating petitions for the office of board of education member for the city school district of the city of Albany

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Feb 21, 2013 referred to education

S3826 - Bill Details

See Assembly Version of this Bill:
A5182
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง2502, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1382
2009-2010: A6637

S3826 - Bill Texts

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Relates to clarifying the form and content of designating petitions for the office of board of education member for the city school district of the city of Albany.

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BILL NUMBER:S3826

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

PURPOSE OR GENERAL IDEA OF BILL: To simplify the designating petitions
for the office of board of education member for the city school
district of the city of Albany and make them more consistent with
current law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends paragraph e of subdivision 9 of section 2502 of the
education law

Section 2: Amends paragraph f of subdivision 9 of section 2502 of the
education law Section

3: Amends paragraph g of section 2502 of the education law

Section 4: Effective date

JUSTIFICATION: This legislation will modernize the petitions used for
election of candidates to the Board of Education of the City School
District of Albany as well as the Board of Trustees of the Albany
Public Library(the Albany Public Library as a school district public
library serving the residents of the City School District of Albany
follows the same petition format for elections to the Library's board
of Trustees as used for elections to the District's Board of
Education).

The current law contains numerous archaic requirements such as
requiring signers of the petition to list their current address and
their address at the time of the previous general election. No other
petition found in the Election Law or education Law requires a voter
to list both the current and former address. It also requires the
signers to provide both their wards and election districts they reside
at. This also is not a requirement for petitions governed by the
Election Law.

PRIOR LEGISLATIVE HISTORY: 2009/10- A.6637 2011/12-A.1382 - Passed
Assembly

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law and shall
apply to elections occurring on or after such date

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

    S. 3826                                                  A. 5182

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 21, 2013
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

IN  ASSEMBLY  --  Introduced by M. of A. FAHY, McDONALD -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in  relation  to  petitions  for  the
  office  of  board of education of the city school district of the city
  of Albany

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

  Section  1. Paragraph e of subdivision 9 of section 2502 of the educa-
tion law, as added by chapter 65 of the laws of 1972, is amended to read
as follows:
  e. 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 Albany [who were registered to vote therein at the last
preceding general election]. The sheets of  such  a  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
residence[,  the  residence  from which he was registered at the time of
the last preceding general election, the ward of such residence at  such
time,  the  election  district  thereof  at such time. A signer need not
himself fill in the date, residence  or  residences,  ward  or  election
district.  The election district of the signer to be filled 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]. A SIGNER NEED ONLY  PLACE  HIS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07068-01-3

S. 3826                             2                            A. 5182

HER SIGNATURE UPON THE PETITION, AND NEED NOT HIMSELF OR HERSELF FILL IN
THE OTHER REQUIRED INFORMATION.
  S  2.  Paragraph  f  of subdivision 9 of section 2502 of the education
law, as added by chapter 65 of the laws of 1972, is amended to  read  as
follows:
  f.  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  Albany, [that I was registered to vote therein at the
time of the last preceding general election,] that my [present] place of
residence [and my place of residence at the time of the  last  preceding
general  election  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 Albany to
be  voted  for  at  the  election  to  be  held  on   the........... 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
                         (SIGNATURE REQUIRED)
                         (PRINTED NAME MAY
                         BE ADDED)
     ...............     .....................    ....................
     ...............     .....................    ....................
     ...............     .....................    ....................

           [At the Time of the Last Preceding General Election

     Residence           Ward                     Election District
     ...............     .....................    ....................
     ...............     .....................    ....................
     ...............     .....................    ....................]

  S 3. Paragraph g of subdivision 9 of section  2502  of  the  education
law,  as  added by chapter 65 of the laws of 1972, is amended to read as
follows:
  g. 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  substan-
tially as follows:

                          Statement of Witness

  I,...........................  (name  of  witness), state: I am a duly
qualified 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]  (RESIDENCE ADDRESS).   [I was last registered for the
general election in the year .......... from  ...............  (fill  in
city,  town  or  village)  in  the  county of ................., in such
state. The said residence was then in the ............ (fill in  number)
election  district  of  the  ........................ (fill in ward in a

S. 3826                             3                            A. 5182

city, or town, if outside a city). 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.]
  EACH OF THE INDIVIDUALS WHOSE NAMES ARE SUBSCRIBED  TO  THIS  PETITION
SHEET   CONTAINING   ..................  (FILL  IN  NUMBER)  SIGNATURES,
SUBSCRIBED THE SAME IN MY PRESENCE ON THE DATE ABOVE INDICATED AND IDEN-
TIFIED HIMSELF OR HERSELF TO BE THE INDIVIDUAL WHO SIGNED THIS SHEET.

                                                  ....................
                                                  Signature of witness
  Date.................

  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
elections occurring on or after such date.

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