S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8851
 
                             I N  S E N A T E
 
                               May 24, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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 NINETEEN, 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 SECOND, TWO THOUSAND NINETEEN.  A petition sent by
 mail  in an envelope postmarked prior to midnight on [April ninth, nine-
 teen hundred seventy-four] OCTOBER SECOND, TWO THOUSAND NINETEEN,  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 NINETEEN 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
 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.
                                                            LBD05544-03-8

 S. 8851                             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 FIFTH, TWO THOUSAND NINETEEN 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.
   § 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, 2019,  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.
   § 3. This act shall take effect immediately.