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:
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.
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.
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.
Date ____________________
Signature
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.