Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H693 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. 3238 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 693
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
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 relative to special election scheduling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/20/2023 1 of 5
16	16	HOUSE DOCKET, NO. 3238 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 693
18	18	By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 693) of
19	19	Russell E. Holmes relative to special election scheduling. Election Laws.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 4033 OF 2021-2022.]
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 relative to special election scheduling.
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. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition,
31	31	2is hereby amended by inserting after section 63 the following section:-
32	32	3 Section 63A. When a vacancy occurs in an elected municipal office, voting for such
33	33	4office shall occur in accordance with section 63 and such voting shall occur on the day of the
34	34	5next general municipal or state election called pursuant to sections 62 or 63, whichever comes
35	35	6first; provided however, that if such vacancy occurs within 60 days of such election the vacancy
36	36	7shall not be filled and the office shall remain open until the next election.
37	37	8 SECTION 2. Said chapter 54, as so appearing, is hereby further amended by striking out
38	38	9sections 140 to 144, inclusive, and inserting in place thereof the following 5 sections: – 2 of 5
39	39	10 Section 140. (a) Upon failure to choose a senator or representative in congress or upon
40	40	11creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to
41	41	12the aldermen in every city and the selectmen in every town in the district, directing them to call
42	42	13an election on the day of the next general municipal or state election called pursuant to sections
43	43	1462 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of
44	44	15such election the vacancy shall not be filled and the office shall remain open until the next
45	45	16election.
46	46	17 (b) A senator elected to fill a vacancy under this section shall serve for the remainder of
47	47	18the unexpired term.
48	48	19 (c) Upon failure to choose a senator in congress or upon a vacancy in that office, the
49	49	20governor shall make a temporary appointment to fill the vacancy; provided, however, that the
50	50	21person so appointed shall serve until the election and qualification of the person duly elected to
51	51	22fill the vacancy pursuant to subsection (a); and provided further, that if such vacancy occurs
52	52	23within 60 days of such election the vacancy shall not be filled and the office shall remain open
53	53	24until the next election.
54	54	25 Section 141. Upon a vacancy in the office of representative in the general court or upon
55	55	26failure to elect, the speaker of the house of representatives shall issue precepts to the aldermen of
56	56	27each city and the selectmen of each town comprising the district or any part thereof, directing
57	57	28them to call an election on the day of the next general municipal or state election called pursuant
58	58	29to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs
59	59	30within 60 days of such election the vacancy shall not be filled and the office shall remain open
60	60	31until the next election. 3 of 5
61	61	32 Section 142. (a) Upon failure to choose a district attorney, clerk of the courts or in
62	62	33Suffolk county of the supreme judicial or superior court, register of probate or sheriff, the
63	63	34governor shall cause precepts to be issued to the proper officers, directing them to call an
64	64	35election on the day of the next general municipal or state election called pursuant to sections 62
65	65	36or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of
66	66	37such election the vacancy shall not be filled and the office shall remain open until the next
67	67	38election.
68	68	39 (b) Upon a vacancy in the office of district attorney, register of probate or sheriff, the
69	69	40governor with the advice and consent of the council may appoint some person thereto until the
70	70	41election and qualification of the person duly elected to fill the vacancy pursuant to subsection
71	71	42(a); provided however, that if such vacancy occurs within 60 days of such election the vacancy
72	72	43shall not be filled and the office shall remain open until the next election.
73	73	44 (c) Upon a vacancy in the office of clerk of the courts in any county, or of the clerk of the
74	74	45supreme judicial court in Suffolk county, the justices of said court may appoint a clerk to hold
75	75	46the office until the election and qualification of the person duly elected to fill the vacancy
76	76	47pursuant to subsection (a); provided however, that if such vacancy occurs within 60 days of such
77	77	48election the vacancy shall not be filled and the office shall remain open until the next election.
78	78	49 (d) Upon a vacancy in the office of a clerk of the superior court in Suffolk county, the
79	79	50justices of said court may appoint a clerk to hold the until the election and qualification of the
80	80	51person duly elected to fill the vacancy pursuant to subsection (a); provided however, that if such
81	81	52vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall
82	82	53remain open until the next election. 4 of 5
83	83	54 Section 143. Upon failure to choose a county treasurer or a register of deeds for a county
84	84	55or district, except Suffolk and Nantucket counties, the county commissioners shall forthwith
85	85	56issue precepts to the aldermen of each city and the selectmen of each town in such county or
86	86	57district, directing them to call an election for the election of such officer on the day of the next
87	87	58general municipal or state election, called pursuant to sections 62 or 63, whichever comes first;
88	88	59provided however, that if such vacancy occurs within 60 days of such election the vacancy shall
89	89	60not be filled and the office shall remain open until the next election.
90	90	61 Upon a vacancy by removal or otherwise in the office of county treasurer or of register of
91	91	62deeds in a county or district, except in Suffolk and Nantucket counties, the county
92	92	63commissioners shall in like manner issue precepts for an election to fill such vacancy on the day
93	93	64of the next general municipal or state election, called pursuant to sections 62 or 63, whichever
94	94	65comes first and may appoint some person to fill such office until a person is elected thereto and
95	95	66qualified; provided however, that if such vacancy occurs within 60 days of such election the
96	96	67vacancy shall not be filled and the office shall remain open until the next election. The person so
97	97	68appointed shall give bond as provided in section three of chapter thirty-five or section three of
98	98	69chapter thirty-six, as the case may be.
99	99	70 Upon failure to choose a register of deeds in Suffolk county, or upon a vacancy in that
100	100	71office, the city council of Boston shall call meetings to elect a register of deeds or to fill such
101	101	72vacancy, as is above provided for an election in other counties; and, upon a vacancy in that office
102	102	73in said Suffolk county, the superior court shall appoint some person to the office until a person is
103	103	74elected thereto and qualified. 5 of 5
104	104	75 Upon failure to choose a register of deeds in Nantucket county, or upon a vacancy in that
105	105	76office, the selectmen of the town of Nantucket shall call a meeting to elect a register of deeds as
106	106	77is above provided for an election in other counties, and may appoint some person to the office
107	107	78until a person is elected thereto and qualified.
108	108	79 Section 144. Upon failure to choose a county commissioner, the board of examiners shall
109	109	80forthwith issue precepts to the aldermen of each city and to the selectmen of each town in such
110	110	81county, directing them to call an election to elect such officer on the day of the next general
111	111	82municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided
112	112	83however, that if such vacancy occurs within 60 days of such election the vacancy shall not be
113	113	84filled and the office shall remain open until the next election.
114	114	85 Upon a vacancy by removal or otherwise in the office of county commissioner, the board
115	115	86of examiners shall in like manner issue precepts for an election to fill such vacancy on the day of
116	116	87the next general municipal or state election, called pursuant to sections 62 or 63, whichever
117	117	88comes first; provided however, that if such vacancy occurs within 60 days of such election the
118	118	89vacancy shall not be filled and the office shall remain open until the next election.
119	119	90 Also upon such vacancy, the two remaining county commissioners and the clerk of the
120	120	91courts for the county, or a majority of them, may appoint a person, not a resident of the same
121	121	92town as either of the remaining commissioners, to fill the office of county commissioner until a
122	122	93person is elected thereto and qualified.