Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4856 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. 5221 FILED ON: 6/26/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4856
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips and Paul R. Feeney
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 regarding the recall of elected officers of the town of Sharon.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk6/18/2024Paul R. FeeneyBristol and Norfolk6/26/2024 1 of 5
16	16	HOUSE DOCKET, NO. 5221 FILED ON: 6/26/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 4856
18	18	By Representative Philips of Sharon and Senator Feeney, a joint petition (accompanied by bill,
19	19	House, No. 4856) of Edward R. Philips and Paul R. Feeney (by vote of the town) relative to the
20	20	recall of elected officers in the town of Sharon. Election Laws. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act regarding the recall of elected officers of the town of Sharon.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Any holder of an elective office of the Town of Sharon may be recalled and
30	30	2removed from office by the qualified voters of the town as herein provided.
31	31	3 No fewer than fifty (50) registered voters of Sharon may initiate recall by filing with the
32	32	4Town Clerk an affidavit of intent to recall, signed under the penalties of perjury and including
33	33	5the place of residence of each signer with the street and number, containing the name of the
34	34	6officer and the office held whose recall is sought and a statement of the grounds of recall.
35	35	7 SECTION 2. Recall may be initiated for any holder of elective office in the Town of
36	36	8Sharon for any misconduct, abuse of office or authority, or other actions that call into question
37	37	9the officeholder’s fitness or ability to serve the people of Sharon.
38	38	10 The grounds may include, but are not limited to, the following:
39	39	11 1. Conviction of a felony, or other serious crime involving moral turpitude. 2 of 5
40	40	12 2. Failure to take the oath by swearing in with the Town Clerk within 30 days of
41	41	13election.
42	42	14 3. Unless having taken it prior to election, failure to take the Massachusetts Ethics
43	43	15Training Course within 30 days of election.
44	44	16 4. The finding of an intentional violation of the responsibilities described in the oath
45	45	17and ethics training described above.
46	46	18 5. A poor attendance record that impairs the ability of a board, commission or
47	47	19committee to function.
48	48	20 An elected official’s opinions or votes on any subject within the public’s body’s
49	49	21jurisdiction cannot constitute grounds for recall. Members of boards, commissions and
50	50	22committees should be able to make decisions within their authority without fear of recall. An
51	51	23exception may be made if an official’s vote or actions are found to be an intentional violation as
52	52	24described in 930 C. M.R. 1.00 – 7.00.
53	53	25 SECTION 3. Within seven (7) business days of receipt of an Affidavit of Intent, the
54	54	26Town Clerk shall verify whether the petition contains the required number of signatures and
55	55	27whether the petition represents a valid ground for which to seek recall. The Town Clerk shall
56	56	28certify the names of voters of the town who signed the affidavit of intent to make sure the names
57	57	29of voters are valid.
58	58	30 SECTION 4. Upon certification by the Town Clerk of a sufficient number of signatures
59	59	31related to the Affidavit of Intent, the Town Clerk shall, within two (2) business days following
60	60	32said certification, notify the primary petitioner, who shall be the voter first named on such notice 3 of 5
61	61	33of intent, that copies of blank petitions are available at the office of the Town Clerk. The blanks
62	62	34shall be issued by the Town Clerk with the Town Clerk’s signature and official seal attached
63	63	35thereto.
64	64	36 The blank petitions shall be dated and addressed to the Select Board and shall contain the
65	65	37name of the person whose recall is sought, the office from which recall is sought and the grounds
66	66	38for recall as stated in the affidavit and shall demand the election of a successor to such office.
67	67	39The names of the first 10 signers of the affidavit of intent shall be listed above the voter signature
68	68	40lines and any instructions to signers. A copy of the petition with all required signers of the
69	69	41affidavit of intent shall be entered in a record book to be kept in the office of the Town Clerk.
70	70	42 SECTION 5. The recall petition shall be signed by not less than 10 per cent (10%) of the
71	71	43registered voters of the Town of Sharon as of the last annual town election and every signature
72	72	44shall include the place of residence of the signer with the street and number.
73	73	45 The recall petition shall be returned and filed with the Town Clerk and Board of
74	74	46Registrars not later than the posted closing time of town hall on the 60th calendar day following
75	75	47the date the Clerk notifies the primary petitioner of the availability of the petition, or the next
76	76	48business day if the sixtieth day falls on a Saturday, Sunday, or legal holiday. The clerk shall
77	77	49notify the primary petitioner of the final date and hour for filing.
78	78	50 Within seven (7) business days following the date of such filing, the Town Clerk and
79	79	51Board of Registrars shall certify in writing thereon the number of signatures that are names of
80	80	52registered voters in the town as of the date the affidavit was filed with the Town Clerk.
81	81	53 SECTION 6. If the petition shall be found and certified by the Town Clerk to be
82	82	54sufficient, the Town Clerk shall submit the certified petition to the Select Board within two (2) 4 of 5
83	83	55business days from certification of sufficient signatures and the Select Board shall immediately,
84	84	56and in not more than 3 business days, cause written notice of the receipt of the certificate to be
85	85	57given to the elected officer whose recall is being sought.
86	86	58 If the officer sought to be recalled does not resign within 3 business days thereafter, the
87	87	59Select board shall, within 5 additional business days, vote to order a recall election to be held not
88	88	60less than 64 nor more than 90 calendar days from the date of the vote scheduling the election; ;
89	89	61provided, however, that if any other town election is to occur within 100 calendar days after the
90	90	62date of the vote, the Select Board may, in its discretion, place the question of recall on the ballot
91	91	63at such other election. If a vacancy occurs in the office sought to be recalled after a recall
92	92	64election has been ordered, but not yet been conducted, the election shall nevertheless proceed as
93	93	65provided in this act.
94	94	66 SECTION 7. Any officer sought to be recalled may be a candidate to succeed themselves,
95	95	67and unless they request otherwise in writing, the Town Clerk shall place their name on the
96	96	68official ballot without nomination. The nomination of other candidates, the publication of the
97	97	69warrant for the recall election, and the conduct of the same shall be in accordance with the
98	98	70provisions of law relating to elections.
99	99	71 SECTION 8. The subject of the recall shall continue to perform the duties of their office
100	100	72until the recall election. If then re-elected, they shall continue in office for the remainder of their
101	101	73unexpired term, subject to recall as before, except as provided in the paragraph titled “Limitation
102	102	74on Petitions”. If not re-elected in the recall election, they shall be deemed removed upon the
103	103	75qualification of their successor, who shall hold office during the unexpired term. If the successor 5 of 5
104	104	76fails to qualify within seven business days after receiving notification of their election, the
105	105	77subject of the recall shall thereupon be deemed removed and the office vacant.
106	106	78 SECTION 9. Ballots used in a recall election shall submit the following propositions in
107	107	79the order indicated:
108	108	80 For the recall of (name of officer).
109	109	81 Against the recall of (name of officer).
110	110	82 Under the proposition shall appear the word "Candidates" with directions to the voters as
111	111	83required by section 42 of chapter 54 of the General Laws. Beneath this, listed alphabetically,
112	112	84shall appear the names of the candidate(s) nominated as provided by law. If a majority of the
113	113	85votes cast on the recall question is in favor of the recall, the elected official shall be recalled and
114	114	86the ballots for the candidate shall be counted. The candidate who received the higher number of
115	115	87votes shall be elected to the office. If a majority of the votes cast on the recall question is in the
116	116	88negative, the votes for candidates to fill the potential vacancy need not be counted.
117	117	89 SECTION 10. No recall petition shall be filed against an officer within six months after
118	118	90they take office or within the last six (6) months of their term, nor, in the case of an officer
119	119	91subjected to a recall election and not removed thereby, until at least six (6) months after that
120	120	92election.
121	121	93 SECTION 11. No person who has been recalled from an office or who has resigned from
122	122	94office while recall proceedings were pending against them shall be appointed to any Town office
123	123	95within two (2) years after such removal by recall or resignation.
124	124	96 SECTION 12. This act shall take effect upon its passage.