All the provisions of the election law of the state applicable
to elections and special elections in cities, to the submission of
questions to the voters either at a general or special election, other
than those specially applying to the city of New York, shall apply
to and govern all elections and special elections; the submission
of questions at a general or special election; and the designation,
nomination and election of all officers of the city.
Nothing in this article shall be deemed to limit the mandatory
and permissive referendums on local laws contained in the municipal
home rule law.
Special elections shall be held at the same places as the primary
elections, and election officers who serve at the preceding general
election shall serve at all special elections and at the same compensation,
and the board of elections of Erie county shall supply and permit
the use of all necessary polling places and equipment. All expenses
of such special election shall be borne by the city and paid in the
same manner as the expenses of primary elections.
The form of ballots shall conform, as nearly as may be, to the
requirements of the election law of the state and if voting machines
are used, the ballot shall conform, as nearly as may be, to the requirements
of said election law.
Except as otherwise provided by the local finance law, the council
may by resolution adopted by a two-thirds vote of its members, submit
to the electors of the city for determination by them at a general
or special election, any question or questions relating to a subject
upon which the council has power to act.
The vote of the majority of the electors voting upon any question
or questions so submitted shall be binding and mandatory on the council,
and the council shall thereafter take such action as may be made necessary
by such determination of the electors.
Any question submitted to the electors of the city under section 23-5 shall be prepared or approved in writing as to form by the corporation counsel before the council shall order its submission.
The question must be fairly stated, and if the question submitted
is a work or improvement which may involve the expenditure of city
moneys, it shall specify the estimated amount of such expenditure.
If a general election is to be held within ninety days after
the resolution of the council ordering a submission of any question
under such question shall be submitted at such general election.
If no general election is to be held within the period of ninety
days prescribed in the last preceding section, the council may in
its discretion order the submission of any such question either at
the next general election or at a special election. If a special election
is ordered, it must take place not less than thirty nor more than
sixty days after the resolution ordering it becomes effective.
Any number of questions authorized by this Article to be submitted
to the electors may be voted upon at the same general or special election
but there shall not be held more than one such special election in
any period of six months.
The resolution of the council ordering such submission of questions
to the electors shall embody the questions to be submitted and shall
specify the date on which the election is to be held, and shall be
published by the board of election of Erie county, twice in each of
the daily newspapers published in said city, such publications to
be made within the week preceding the week of election, and such publications
shall be deemed notice of the special election if one is ordered.
No resolution of the council creating a city debt to be evidenced
by the issuance of bonds shall become effective until thirty days
after its adoption.
If during that period a petition, signed by registered electors
of the city equal in number to at least ten per centum of the entire
registered electors in the city at the last preceding general election,
is filed with the city clerk for presentation to the council, protesting
against such resolution and requesting its repeal, such resolution
shall be suspended from going into effect, and it shall be the duty
of the council, upon presentation to it by the city clerk of said
petition with the certificate of the board of elections of Erie county
referred to in the next section showing that the petition is duly
signed and witnessed by the required number of qualified registered
electors, to consider its action. If upon reconsideration such resolution
is not repealed, the council shall order the question of the approval
of such resolution to be submitted to the vote of the electors of
the city at a general or special election. The resolution shall not
go into effect or become operative unless a majority of the electors
voting thereon at such election shall vote for the approval.
The provisions of this section shall not apply to any bond resolution
authorizing the issuance of bonds for the payment of judgments, or
compromised or settled claims against the city, or awards or sums
payable by the city pursuant to a determination by a court, or an
officer, body or agency acting in an administrative or quasi-judicial
capacity.
The petition referred to in section 23-11 shall be addressed to the council, shall protest against and request the repeal of the resolution, shall set out in full the resolution complained of and specify the date of its enactment by the council, and shall declare that the persons whose signatures are appended thereto are electors of the city.
Separate petitions of like tenor and effect shall be bound together
by the city clerk and shall be deemed to constitute a single petition.
The petition shall be signed by the qualified elector who shall
add his place of residence, giving the street and number. Each signer
shall also be identified by election district and council district.
There shall be, appended at the bottom of each sheet a signed statement
of a witness who is a notary public, commissioner of deeds of the
city, or a duly qualified elector of the city of Buffalo or the district,
as the case may be. Such a statement shall be accepted for all purposes
as the equivalent of an affidavit, and if it contains a material false
statement, shall subject the person signing it to the same penalties
as if he had been duly sworn. The form of such statement shall be
substantially as follows:
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I, ___________________, (name of witness) state: I am a duly
qualified (elector of the city of Buffalo, notary public or commissioner
of deeds as the case may be). I now reside at, ______________ (residence
address, also post office address if not identical) which is in the,
____________________ (fill in number) election district of the, __________________
Council District in the city of Buffalo in the county of Erie.
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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 dates above indicated and identified
himself to be the individual who signed this sheet.
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I understand that this statement will be accepted for all purposes
as the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been
duly sworn.
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Date ____________________
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Signature
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Upon presentation of the petition to the city clerk he shall
refer the same to the board of elections, who shall immediately examine
the same and the signatures and witness statements attached thereto
and check the same with the registration list and who shall return
the petition to the city clerk with their certificates showing the
total number of signatures attached thereto, the number, if any, who
are not qualified registered electors, the number, if any, who did
not properly witness execution, the number who appear to be qualified
registered electors whose signatures appear to be properly witnessed
and what percentage they constitute of the entire registered electors
at the last preceding general election.
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Editor's Note: Former § 23-13, Recall of Elected
City Officials, was repealed 1-6-2004 by L.L. No. 2-2004, effective
1-20-2004.
