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2 | 2 | | HOUSE DOCKET, NO. 52 FILED ON: 1/5/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 714 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Lindsay N. Sabadosa and Joanne M. Comerford |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to ranked choice voting in the city of Northampton. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/4/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/5/2023 1 of 6 |
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16 | 16 | | HOUSE DOCKET, NO. 52 FILED ON: 1/5/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 714 |
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18 | 18 | | By Representative Sabadosa of Northampton and Senator Comerford, a joint petition |
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19 | 19 | | (accompanied by bill, House, No. 714) of Lindsay N. Sabadosa and Joanne M. Comerford (with |
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20 | 20 | | the approval of the mayor and city council) relative to ranked choice voting in the city of |
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21 | 21 | | Northampton. Election Laws. [Local Approval Received.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to ranked choice voting in the city of Northampton. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 1 of chapter 277 of the acts of 2012, as amended by chapter 40 of |
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31 | 31 | | 2the acts of 2021, is hereby further amended by striking out article 8 and inserting in place thereof |
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32 | 32 | | 3the following article: |
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33 | 33 | | 4 ARTICLE 8 |
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34 | 34 | | 5 ELECTIONS |
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35 | 35 | | 6 SECTION 8–1 REGULAR CITY ELECTION |
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36 | 36 | | 7 The regular city election shall be held on the first Tuesday following the first Monday in |
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37 | 37 | | 8November in each odd-numbered year. |
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38 | 38 | | 9 SECTION 8–2: BALLOT POSITION, REGULAR CITY ELECTION 2 of 6 |
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39 | 39 | | 10 The order in which names of candidates for each office appear on the ballot shall be |
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40 | 40 | | 11determined by a drawing, by lot, conducted by the city clerk on the fourth Tuesday in September |
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41 | 41 | | 12prior to the regular city election. In the event that there is no preliminary election in advance of a |
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42 | 42 | | 13special city election, the drawing shall be conducted on the sixth Tuesday prior to the special city |
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43 | 43 | | 14election. The drawing shall be open to the public. |
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44 | 44 | | 15 SECTION 8–3: NON–PARTISAN ELECTIONS |
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45 | 45 | | 16 All elections for city offices shall be non-partisan and election ballots shall be printed |
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46 | 46 | | 17without any party mark, emblem or other political designation. |
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47 | 47 | | 18 SECTION 8–4: WARDS |
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48 | 48 | | 19 The territory of the city shall be divided into 7 wards by the city clerk to consist of nearly |
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49 | 49 | | 20an equal number of inhabitants as it is possible to achieve based on compact and contiguous |
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50 | 50 | | 21territory, bounded as far as possible by the center line of known streets or ways or by other well- |
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51 | 51 | | 22defined limits. Each ward shall be composed of voting precincts established under the General |
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52 | 52 | | 23Laws. The city council shall review these wards to ensure uniformity in the number of |
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53 | 53 | | 24inhabitants at least once every 10 years. |
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54 | 54 | | 25 SECTION 8–5: RANKED CHOICE VOTING |
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55 | 55 | | 26 (a) For the purposes of this section, the following terms shall have the following |
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56 | 56 | | 27meanings, unless the context clearly requires otherwise: |
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57 | 57 | | 28 "Batch elimination," is the simultaneous defeat of multiple candidates. |
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58 | 58 | | 29 "Concluded ballot," a ballot that does not rank any continuing candidate. 3 of 6 |
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59 | 59 | | 30 "Continuing candidate," a candidate who has not been defeated or elected. |
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60 | 60 | | 31 "Election threshold," the number of votes sufficient for a candidate to be elected in a |
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61 | 61 | | 32multi-seat election. It is calculated by dividing the total number of votes counting for the |
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62 | 62 | | 33continuing candidates in the first round by the sum of the number of seats to be elected and 1, |
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63 | 63 | | 34disregarding any fractions, and then adding 1. |
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64 | 64 | | 35 "Highest-ranked continuing candidate," the continuing candidate with the highest ranking |
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65 | 65 | | 36on a voter's ballot. Where a ballot omits 1 or more ranks, the next highest ranking shall be used |
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66 | 66 | | 37for determining the highest-ranked continuing candidate. |
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67 | 67 | | 38 "Ranked choice voting," a method of casting and tabulating ballots in which voters rank |
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68 | 68 | | 39candidates for office in order of preference. |
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69 | 69 | | 40 "Last-place candidate," (i) the candidate with the lowest vote total in a round of the |
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70 | 70 | | 41ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination. |
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71 | 71 | | 42 "Overvote," a circumstance in which a voter ranks more than 1 candidate at the same |
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72 | 72 | | 43ranking. |
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73 | 73 | | 44 "Ranking," means the number assigned on a ballot by a voter to a candidate to express |
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74 | 74 | | 45the voter's preference for that candidate. Ranking number 1 shall be the highest ranking, ranking |
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75 | 75 | | 46number 2 shall be the next-highest ranking, and so on. |
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76 | 76 | | 47 "Surplus fraction," the number equal to the difference between an elected candidate's vote |
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77 | 77 | | 48total and the election threshold, divided by the candidate's vote total. 4 of 6 |
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78 | 78 | | 49 "Transfer value," the proportion of the vote that a ballot will count to its highest-ranked |
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79 | 79 | | 50continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the |
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80 | 80 | | 51election of a candidate under subsection (d)(1), it receives a lower transfer value. |
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81 | 81 | | 52 (b) All city offices shall be elected by ranked choice voting. No candidate shall have the |
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82 | 82 | | 53words "candidate for reelection" printed next to that candidate's name on the election ballot. |
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83 | 83 | | 54Ranked choice voting elections shall be tabulated in rounds pursuant to this section. |
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84 | 84 | | 55 (c) In any single-seat election, each round shall begin by counting the number of votes for |
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85 | 85 | | 56each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing |
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86 | 86 | | 57candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall |
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87 | 87 | | 58end with 1 of the following 2 outcomes: |
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88 | 88 | | 59 (1) If there are more than 2 continuing candidates, the last-place candidate shall be |
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89 | 89 | | 60defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall |
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90 | 90 | | 61begin; or |
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91 | 91 | | 62 (2) If there are 2 continuing candidates, the candidate with the fewest votes shall be |
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92 | 92 | | 63defeated, the candidate with the most votes shall be elected, and tabulation shall be complete. |
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93 | 93 | | 64 (d) In any multi-seat election, each round shall begin by counting the number of votes for |
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94 | 94 | | 65each continuing candidate. Each ballot shall count, at its current transfer value, for its highest- |
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95 | 95 | | 66ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In |
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96 | 96 | | 67the first round only, the election threshold shall then be calculated. Each round shall end with 1 |
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97 | 97 | | 68of the following 3 outcomes: 5 of 6 |
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98 | 98 | | 69 (1) If at least 1 candidate has more votes than the election threshold, then all such |
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99 | 99 | | 70candidates shall be elected. Each ballot counting for an elected candidate shall be assigned a new |
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100 | 100 | | 71transfer value by multiplying the ballot's current transfer value by the surplus fraction for the |
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101 | 101 | | 72candidate. Each elected candidate shall be deemed to have a number of votes equal to the |
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102 | 102 | | 73election threshold in all future rounds, and a new round shall begin; |
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103 | 103 | | 74 (2) If no candidate has more votes than the election threshold and the sum of the number |
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104 | 104 | | 75of elected candidates and continuing candidates is more than the sum of seats to be elected and 1, |
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105 | 105 | | 76the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch |
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106 | 106 | | 77elimination, and a new round shall begin; or |
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107 | 107 | | 78 (3) Otherwise, the continuing candidate with the fewest votes shall be defeated, all other |
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108 | 108 | | 79continuing candidates shall be elected, and tabulation is complete. |
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109 | 109 | | 80 (e) Batch elimination shall apply to the largest possible group of continuing candidates |
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110 | 110 | | 81such that the sum of the votes of candidates in the group is less than the individual number of |
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111 | 111 | | 82votes of every continuing candidate not in the group, and provided that the number of continuing |
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112 | 112 | | 83candidates not in the group is at least 1 more than the remaining number of positions to elect. |
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113 | 113 | | 84 (f) If 2 or more last-place candidates are tied and batch elimination does not apply, the |
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114 | 114 | | 85candidate with the fewest votes in the prior round shall be defeated. If 2 or more such tied |
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115 | 115 | | 86candidates were tied in the prior round, the second tie shall be decided by referring similarly to |
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116 | 116 | | 87the standing of the candidates, in terms of votes, in the second-prior round. This process shall be |
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117 | 117 | | 88applied successively as many times as necessary, a tie shown in any prior round shall be decided |
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118 | 118 | | 89by referring to the standing of the candidates in the round immediately preceding the tie. 6 of 6 |
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119 | 119 | | 90 (g) The city clerk, subject to the approval of the city council, shall establish and maintain |
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120 | 120 | | 91procedures for ranked choice voting ballot and tabulation processes necessary to ensure the |
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121 | 121 | | 92integrity and smooth functioning of the election, provided that ranked choice voting shall still be |
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122 | 122 | | 93used and the fewest number of changes are made to achieve such purpose. |
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123 | 123 | | 94 SECTION 8–6: APPLICATION OF STATE GENERAL LAWS |
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124 | 124 | | 95 Except as otherwise expressly provided in this charter and authorized by law, all city |
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125 | 125 | | 96elections shall be governed by the laws of the commonwealth relating to the right to vote, the |
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126 | 126 | | 97registration of voters, the nomination of candidates, voting places, the conduct of regular and |
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127 | 127 | | 98special city elections, the submission of charters, charter amendments and other propositions to |
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128 | 128 | | 99the voters, the counting of votes, the recounting of votes and the determination of results. |
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129 | 129 | | 100 SECTION 2. The following question shall be placed on the ballot to be used at a regular |
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130 | 130 | | 101state or municipal election or at special election called for the purpose of presenting the question |
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131 | 131 | | 102to the voters: Shall an act entitled "An Act Relative to Ranked Choice Voting in the City of |
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132 | 132 | | 103Northampton" be accepted? |
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133 | 133 | | 104 The city solicitor shall prepare the summary of the proposed amendment to the special act |
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134 | 134 | | 105charter of the city of Northampton, which shall appear on the ballot along with the question |
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135 | 135 | | 106provided in this section. |
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136 | 136 | | 107 If a majority of votes cast in answer to the question is in the affirmative, the city shall be |
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137 | 137 | | 108taken to have accepted the amendment to the charter of the city of Northampton, but not |
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138 | 138 | | 109otherwise. |
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