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HOUSE DOCKET, NO. 5303 FILED ON: 8/7/2024
HOUSE . . . . . . . . . . . . . . . No. 5002
The Commonwealth of Massachusetts
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PRESENTED BY:
John Barrett, III
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing the recall of elected officials in the town of Williamstown.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire8/7/2024 1 of 4
HOUSE DOCKET, NO. 5303 FILED ON: 8/7/2024
HOUSE . . . . . . . . . . . . . . . No. 5002
By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 5002) of
John Barrett, III (by vote of the town) relative to establishing the recall of elected officials in the
town of Williamstown. Election Laws. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing the recall of elected officials in the town of Williamstown.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The charter of the town of Williamstown, which is on file in the office of
2the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General
3Laws, is hereby amended by inserting the following section:-
4 Section 24. Recall of elected officials
5 (a)Application –Any holder of a town elected office in the town, including
6vocational school district representatives, with more than 6 months remaining in the term of
7office for which the officer was elected, may be recalled therefrom by the voters of the town in
8the manner provided in this section. No recall petition shall be filed against an officer within 6
9months after taking office.
10 (b)Recall Petition – A recall petition may be initiated by the filing of an application
11containing the name of the officer sought to be recalled and a statement of the grounds for recall,
12provided that the application is signed by at least 200 voters. The town clerk shall thereupon 2 of 4
13deliver to those voters making the application, copies of petition blanks demanding such recall,
14copies of which printed forms the town clerk shall keep available. The blanks shall be issued by
15the town clerk, with signature and official seal attached thereto. The blanks shall be dated, shall
16be addressed to the Select Board, and shall contain the names of all the persons to whom the
17blanks are issued, the number of blanks so issued, the name of the person whose recall is sought,
18the office from which removal is sought and the grounds of recall as stated in the application. A
19copy of the petition shall be entered in a record book to be kept in the office of the town clerk.
20Said recall petition shall be returned and filed with the town clerk within 28 days after the filing
21of the application shall have been signed by at least 10 per cent of the voters of the town
22registered as of the date of the petition is filed. Within two business days of receipt of the
23petition, the town clerk shall submit the petition to the registrars of voters and the registrars shall,
24within 5 days of their receipt of the petition, certify thereon the number of signatures which are
25names of voters.
26 (c)Recall Election – If the petition shall be found and certified by the town clerk to
27be sufficient, the town clerk shall submit the same with such certificate to the Select Board
28within 5 days, and the select board shall give written notice of the receipt of the certificate to the
29officer sought to be recalled and shall, if the officer does not resign within 5 days thereafter,
30order an election to be held on a date fixed by the Select Board not less than 64 days and not
31more than 90 days after the date of the town clerk’s certificate that a sufficient petition has been
32filed; provided, however, that if any other town election is to occur within 120 days after the date
33of the certificate, the select board shall postpone the holding of the recall election to the date of
34such other election. If the person subject to a recall vote vacates said office after a recall election
35has been ordered by before the election is held, the election shall not proceed. 3 of 4
36 (d)Office Holder – The incumbent shall continue to perform the duties of the office
37until the recall election. If said incumbent is not recalled, the incumbent shall continue in office
38for the remainder of the unexpired term subject to recall as provided herein. If recalled, the
39officer shall be deemed removed and the office vacant. The vacancy created thereby shall be
40filed under chapter 41 of the General Laws (or by other charter designated method). A person
41chosen to fill the vacancy caused by a recall shall hold office until the next regular town election.
42Should the person be a candidate in the subsequent election, that person will not be allowed to
43have ‘candidate for re-election’ appear on the ballot at such election.
44 (e)Ballot Proposition—The form of the question to be voted upon shall be
45substantially as follows:
46 “shall [here insert the name and title of the elective officer whose recall is sought] be
47recalled?” Yes No
48 If a majority of the votes cast upon the question of recall is in the affirmative, such
49elected officer shall be recalled.
50 (f)Repeat of Recall- In the case of an officer subjected to a recall election and not
51recalled thereby, no recall petition shall be filed against such officer until at least 270 days after
52the election at which the officer’s recall was submitted to the voters of the town.
53 (g)Office Holder Recalled – Any person subject to a recall who vacates their office
54for any reason, including by recall or by resignation while recall proceedings were pending
55against such person, may run for re-election or election to other offices, but may not be
56appointed to any board, commission or committee within 2 years after such recall or such
57resignation. 4 of 4
58 SECTION 2. This act shall be in effect upon its passage.