Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5002 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. 5303 FILED ON: 8/7/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 5002
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John Barrett, III
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 the recall of elected officials in the town of Williamstown.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire8/7/2024 1 of 4
16	16	HOUSE DOCKET, NO. 5303 FILED ON: 8/7/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 5002
18	18	By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 5002) of
19	19	John Barrett, III (by vote of the town) relative to establishing the recall of elected officials in the
20	20	town of Williamstown. 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 establishing the recall of elected officials in the town of Williamstown.
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. The charter of the town of Williamstown, which is on file in the office of
30	30	2the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General
31	31	3Laws, is hereby amended by inserting the following section:-
32	32	4 Section 24. Recall of elected officials
33	33	5 (a)Application –Any holder of a town elected office in the town, including
34	34	6vocational school district representatives, with more than 6 months remaining in the term of
35	35	7office for which the officer was elected, may be recalled therefrom by the voters of the town in
36	36	8the manner provided in this section. No recall petition shall be filed against an officer within 6
37	37	9months after taking office.
38	38	10 (b)Recall Petition – A recall petition may be initiated by the filing of an application
39	39	11containing the name of the officer sought to be recalled and a statement of the grounds for recall,
40	40	12provided that the application is signed by at least 200 voters. The town clerk shall thereupon 2 of 4
41	41	13deliver to those voters making the application, copies of petition blanks demanding such recall,
42	42	14copies of which printed forms the town clerk shall keep available. The blanks shall be issued by
43	43	15the town clerk, with signature and official seal attached thereto. The blanks shall be dated, shall
44	44	16be addressed to the Select Board, and shall contain the names of all the persons to whom the
45	45	17blanks are issued, the number of blanks so issued, the name of the person whose recall is sought,
46	46	18the office from which removal is sought and the grounds of recall as stated in the application. A
47	47	19copy of the petition shall be entered in a record book to be kept in the office of the town clerk.
48	48	20Said recall petition shall be returned and filed with the town clerk within 28 days after the filing
49	49	21of the application shall have been signed by at least 10 per cent of the voters of the town
50	50	22registered as of the date of the petition is filed. Within two business days of receipt of the
51	51	23petition, the town clerk shall submit the petition to the registrars of voters and the registrars shall,
52	52	24within 5 days of their receipt of the petition, certify thereon the number of signatures which are
53	53	25names of voters.
54	54	26 (c)Recall Election – If the petition shall be found and certified by the town clerk to
55	55	27be sufficient, the town clerk shall submit the same with such certificate to the Select Board
56	56	28within 5 days, and the select board shall give written notice of the receipt of the certificate to the
57	57	29officer sought to be recalled and shall, if the officer does not resign within 5 days thereafter,
58	58	30order an election to be held on a date fixed by the Select Board not less than 64 days and not
59	59	31more than 90 days after the date of the town clerk’s certificate that a sufficient petition has been
60	60	32filed; provided, however, that if any other town election is to occur within 120 days after the date
61	61	33of the certificate, the select board shall postpone the holding of the recall election to the date of
62	62	34such other election. If the person subject to a recall vote vacates said office after a recall election
63	63	35has been ordered by before the election is held, the election shall not proceed. 3 of 4
64	64	36 (d)Office Holder – The incumbent shall continue to perform the duties of the office
65	65	37until the recall election. If said incumbent is not recalled, the incumbent shall continue in office
66	66	38for the remainder of the unexpired term subject to recall as provided herein. If recalled, the
67	67	39officer shall be deemed removed and the office vacant. The vacancy created thereby shall be
68	68	40filed under chapter 41 of the General Laws (or by other charter designated method). A person
69	69	41chosen to fill the vacancy caused by a recall shall hold office until the next regular town election.
70	70	42Should the person be a candidate in the subsequent election, that person will not be allowed to
71	71	43have ‘candidate for re-election’ appear on the ballot at such election.
72	72	44 (e)Ballot Proposition—The form of the question to be voted upon shall be
73	73	45substantially as follows:
74	74	46 “shall [here insert the name and title of the elective officer whose recall is sought] be
75	75	47recalled?” Yes No
76	76	48 If a majority of the votes cast upon the question of recall is in the affirmative, such
77	77	49elected officer shall be recalled.
78	78	50 (f)Repeat of Recall- In the case of an officer subjected to a recall election and not
79	79	51recalled thereby, no recall petition shall be filed against such officer until at least 270 days after
80	80	52the election at which the officer’s recall was submitted to the voters of the town.
81	81	53 (g)Office Holder Recalled – Any person subject to a recall who vacates their office
82	82	54for any reason, including by recall or by resignation while recall proceedings were pending
83	83	55against such person, may run for re-election or election to other offices, but may not be
84	84	56appointed to any board, commission or committee within 2 years after such recall or such
85	85	57resignation. 4 of 4
86	86	58 SECTION 2. This act shall be in effect upon its passage.