Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4576 FILED ON: 9/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Norman J. Orrall and Michael J. Rodrigues
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing recall methods for elected officials in the town of Lakeville.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Norman J. Orrall12th Bristol9/14/2023Michael J. RodriguesFirst Bristol and Plymouth9/14/2023 1 of 4
16	16	HOUSE DOCKET, NO. 4576 FILED ON: 9/14/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4125
18	18	By Representative Orrall of Lakeville and Senator Rodrigues, a joint petition (accompanied by
19	19	bill, House, No. 4125) of Norman J. Orrall and Michael J. Rodrigues (by vote of the town)
20	20	relative to establishing recall methods for elected officials in the town of Lakeville. Election
21	21	Laws. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing recall methods for elected officials in the town of Lakeville.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. (a) Any holder of an elected office in the town of Lakeville may be recalled
31	31	2therefrom by the registered voters of the town pursuant to this act; provided, however, that
32	32	3members of the Freetown-Lakeville Regional School District committee shall not be considered
33	33	4elected officials for purposes of this act. An initial recall affidavit shall not be filed against an
34	34	5officer within 6 months after the officer takes office or within the last 6 months of their term.
35	35	6 (b) An initial recall affidavit signed by at least 5 per cent of the registered voters of the
36	36	7town of Lakeville containing their names and addresses may be filed with the town clerk. That
37	37	8initial recall affidavit shall contain the name of the official sought to be recalled and a statement
38	38	9of the grounds for recall. The town clerk shall immediately forward the recall affidavit to the
39	39	10board of registrars for certification of signatures; provided, however, that if a recall affidavit is
40	40	11filed to recall the town clerk, the select board may appoint a temporary or interim town clerk to
41	41	12carry out the recall process. 2 of 4
42	42	13 (c) Within 14 calendar days of receipt of the initial recall affidavit, the board of registrars
43	43	14of voters shall certify the signatures on the initial recall affidavit and, upon certification of a
44	44	15sufficient number of signatures, the town clerk shall deliver to the first 10 signers of the affidavit
45	45	16a formal numbered printed recall petition sheet with the town clerk’s official seal and addressed
46	46	17to the select board demanding the recall. The town clerk shall fill out the top portion of each
47	47	18recall petition sheet naming the elected official subject to recall, the grounds for recall stated in
48	48	19the petition and the names of the first 10 voters signing the affidavit and demanding the election
49	49	20of a successor to the office. A copy of the recall petition shall be entered in a record book to be
50	50	21kept in the office of the town clerk.
51	51	22 Within 28 days of the date of delivery of the blank recall petition sheets, the registered
52	52	23voters making the initial recall affidavit shall file their recall petition sheets signed by not less
53	53	24than 1,000 registered voters of the town with the town clerk, which shall include the signer’s
54	54	25place of residence, including the street and number; provided, however, that if the town clerk’s
55	55	26office is not open on the twenty-eighth day, the signed recall petition sheets may be filed during
56	56	27normal business hours on the next town clerk business day.
57	57	28 Within 5 working days of receipt, the town clerk shall submit the signed recall petition
58	58	29sheets to the board of registrars of voters, who shall certify thereon the number of signatures that
59	59	30are names of registered voters of the town.
60	60	31 (d) If a recall petition submitted pursuant to subsection (c) shall be certified by the
61	61	32registrars of voters to be sufficient, the town clerk shall forthwith submit the petition with the
62	62	33certificate to the select board. The select board shall forthwith give written notice of the receipt
63	63	34of the recall petition to the official who is the subject of the recall and, if the official sought to be 3 of 4
64	64	35removed does not resign within 7 calendar days, then the select board shall order an election to
65	65	36be held on a day fixed by the board not less than 64 days nor more than 90 days after the date on
66	66	37which the select board calls for said election ; provided, however, if any other town election is
67	67	38set to occur within 90 days after the date on which the select board calls for said election, the
68	68	39select board may, at their discretion, postpone the recall election to the date of such other
69	69	40election. If a vacancy occurs in office subject to recall after a recall election has been so ordered,
70	70	41the election shall nevertheless proceed as provided in this section.
71	71	42 An official sought to be removed may not be a candidate to succeed themself in an
72	72	43election to be held to fill the vacancy. The nomination of other candidates, the publication of the
73	73	44warrant for the recall election and the conduct of the nomination and publication shall all be in
74	74	45accordance with the provisions of law relating to elections, unless otherwise provided in this act.
75	75	46 Ballots used in a recall election shall contain the following propositions:
76	76	47 FOR THE RECALL OF THE
77	77	48 [NAME OF OFFICER] ( )
78	78	49 AGAINST THE RECALL OF THE
79	79	50 [NAME OF OFFICER] ( )
80	80	51 Adjacent to each proposition, there shall be a place to mark a vote. Following the
81	81	52propositions shall appear the word "Candidates" with directions to voters as required by section
82	82	5342 of chapter 54 of the General Laws. Beneath the word "Candidates" shall appear the names of
83	83	54candidates nominated as provided in this act. Adjacent to the name of each candidate shall be a
84	84	55place to mark a vote. 4 of 4
85	85	56 (e) The incumbent shall continue to perform the duties of their office until the recall
86	86	57election. If the official is not recalled, the official shall continue in the office for the remainder of
87	87	58the unexpired term, subject to recall as provided in this act.
88	88	59 (f) If a majority of the votes cast upon the question of recall are in favor of recall, the
89	89	60officer shall be recalled and the votes for the candidates shall be counted and the candidate
90	90	61receiving the highest number of votes shall be declared elected for the open office. If less than a
91	91	62majority of the votes cast are in favor of recall, the votes for candidates shall not be counted.
92	92	63 If the official is recalled in the recall election, they shall be deemed removed upon the
93	93	64election of their successor, who shall hold office during the unexpired term. If the successor fails
94	94	65to take office within 5 days after receiving notification of their election, the incumbent shall
95	95	66thereupon be deemed removed and the office shall be deemed vacant.
96	96	67 (h) Any person who has been removed from an office or who has resigned from office
97	97	68while recall proceedings were pending against them shall not be appointed to any town office
98	98	69within 2 years after such removal or resignation. In the case of an officer subjected to a recall
99	99	70election and not recalled, a new recall affidavit shall not be filed against that officer until at least
100	100	711 year after the election at which the previous recall was submitted to the voters of the town.
101	101	72 SECTION 2. This act shall take effect upon its passage.