1 of 1
SENATE DOCKET, NO. 3216 FILED ON: 5/1/2024
SENATE . . . . . . . . . . . . . . No. 2762
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Edward J. Kennedy
_________________
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 relative to vacancies on the city of Lowell city council and school committee.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst MiddlesexVanna Howard17th MiddlesexRodney M. Elliott16th MiddlesexRady Mom18th Middlesex 1 of 3
SENATE DOCKET, NO. 3216 FILED ON: 5/1/2024
SENATE . . . . . . . . . . . . . . No. 2762
By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 2762) of Edward J. Kennedy,
Vanna Howard, Rodney M. Elliott and Rady Mom (with the approval of the mayor and city
council) relative to vacancies on the city of Lowell city council and school committee. Election
Laws. [Local Approval Received.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to vacancies on the city of Lowell city council and school committee.
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. Notwithstanding any general, session, or special law or rule or regulation to
2the contrary, the filling of vacancies on the Lowell City Council and the Lowell School
3Committee shall be subject to the following provisions:
4 (a) If a vacancy occurs in the office of any city councilor or school committee member
5during the first twelve months of the term for which city councilors or school committee
6members are elected, the vacancy shall be filled by a special election held not less than sixty
7days, but not more than one hundred twenty days, after the date the special election is called. If
8said special election is held to fill a district-based seat, the person elected to serve as city
9councilor or school committee member must have been a resident of the district for at least one
10year immediately preceding the special election. 2 of 3
11 (b) If a vacancy occurs in the office of any city councilor during the second twelve
12months of the term for which city councilors are elected, the city council may, by a vote of not
13less than six (6) councilors: (i) fill the vacancy through a special election held not less than sixty
14days, but not more than one hundred twenty days, after the date the special election is called. If
15said special election is held to fill a district-based seat, the person elected to serve as city
16councilor must have been a resident of the district for at least one year immediately preceding the
17special election; (ii) appoint an eligible voter to fill the vacancy. If the council votes to appoint
18an eligible voter to fill the vacancy, the council shall appoint said eligible voter within thirty days
19after the seat became vacant. Provided, however, any eligible voter appointed to fill a district
20based seat must have been a resident of the district for at least one year immediately preceding
21their appointment; or (iii) leave the seat vacant for the remainder of the term.
22 (c) If a vacancy occurs in the office of any school committee member during the second
23twelve months of the term for which school committee members are elected, the school
24committee may, by a vote of not less than four (4) members: (i) fill the vacancy through a special
25election held not less than sixty days, but not more than one hundred twenty days, after the date
26the special election is called. If said special election is held to fill a district-based seat, the person
27elected to serve as school committee member must have been a resident of the district for at least
28one year immediately preceding the special election; (ii) appoint an eligible voter to fill the
29vacancy. If the school committee votes to appoint an eligible voter to fill the vacancy, the school
30committee shall appoint said eligible voter within thirty days after the seat became vacant.
31Provided, however, any eligible voter appointed to fill a district-based seat must have been a
32resident of the district for at least one year immediately preceding their appointment; or (iii)
33leave the seat vacant for the remainder of the term. 3 of 3
34 (d) A city councilor or school committee member elected by special election pursuant to
35the provisions of paragraphs (a), (b), or (c) shall be entitled to have the words “candidate for
36reelection” printed against that person’s name on the ballot at the next regular municipal
37election.
38 (e) A city councilor or school committee member appointed by the city council or school
39committee pursuant to the provisions of paragraphs (b) or (c) shall not be entitled to have the
40words “candidate for reelection” printed against that person’s name on the ballot at the next
41election; provided, however, said councilor shall be entitled to have the word “incumbent”
42printed against that person’s name on the ballot at the next regular municipal election.
43 SECTION 2. This act shall become effective upon its passage.