Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2762 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 3216 FILED ON: 5/1/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2762
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward J. Kennedy
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 vacancies on the city of Lowell city council and school committee.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst MiddlesexVanna Howard17th MiddlesexRodney M. Elliott16th MiddlesexRady Mom18th Middlesex 1 of 3
16	16	SENATE DOCKET, NO. 3216 FILED ON: 5/1/2024
17	17	SENATE . . . . . . . . . . . . . . No. 2762
18	18	By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 2762) of Edward J. Kennedy,
19	19	Vanna Howard, Rodney M. Elliott and Rady Mom (with the approval of the mayor and city
20	20	council) relative to vacancies on the city of Lowell city council and school committee. Election
21	21	Laws. [Local Approval Received.]
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 vacancies on the city of Lowell city council and school committee.
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. Notwithstanding any general, session, or special law or rule or regulation to
31	31	2the contrary, the filling of vacancies on the Lowell City Council and the Lowell School
32	32	3Committee shall be subject to the following provisions:
33	33	4 (a) If a vacancy occurs in the office of any city councilor or school committee member
34	34	5during the first twelve months of the term for which city councilors or school committee
35	35	6members are elected, the vacancy shall be filled by a special election held not less than sixty
36	36	7days, but not more than one hundred twenty days, after the date the special election is called. If
37	37	8said special election is held to fill a district-based seat, the person elected to serve as city
38	38	9councilor or school committee member must have been a resident of the district for at least one
39	39	10year immediately preceding the special election. 2 of 3
40	40	11 (b) If a vacancy occurs in the office of any city councilor during the second twelve
41	41	12months of the term for which city councilors are elected, the city council may, by a vote of not
42	42	13less than six (6) councilors: (i) fill the vacancy through a special election held not less than sixty
43	43	14days, but not more than one hundred twenty days, after the date the special election is called. If
44	44	15said special election is held to fill a district-based seat, the person elected to serve as city
45	45	16councilor must have been a resident of the district for at least one year immediately preceding the
46	46	17special election; (ii) appoint an eligible voter to fill the vacancy. If the council votes to appoint
47	47	18an eligible voter to fill the vacancy, the council shall appoint said eligible voter within thirty days
48	48	19after the seat became vacant. Provided, however, any eligible voter appointed to fill a district
49	49	20based seat must have been a resident of the district for at least one year immediately preceding
50	50	21their appointment; or (iii) leave the seat vacant for the remainder of the term.
51	51	22 (c) If a vacancy occurs in the office of any school committee member during the second
52	52	23twelve months of the term for which school committee members are elected, the school
53	53	24committee may, by a vote of not less than four (4) members: (i) fill the vacancy through a special
54	54	25election held not less than sixty days, but not more than one hundred twenty days, after the date
55	55	26the special election is called. If said special election is held to fill a district-based seat, the person
56	56	27elected to serve as school committee member must have been a resident of the district for at least
57	57	28one year immediately preceding the special election; (ii) appoint an eligible voter to fill the
58	58	29vacancy. If the school committee votes to appoint an eligible voter to fill the vacancy, the school
59	59	30committee shall appoint said eligible voter within thirty days after the seat became vacant.
60	60	31Provided, however, any eligible voter appointed to fill a district-based seat must have been a
61	61	32resident of the district for at least one year immediately preceding their appointment; or (iii)
62	62	33leave the seat vacant for the remainder of the term. 3 of 3
63	63	34 (d) A city councilor or school committee member elected by special election pursuant to
64	64	35the provisions of paragraphs (a), (b), or (c) shall be entitled to have the words “candidate for
65	65	36reelection” printed against that person’s name on the ballot at the next regular municipal
66	66	37election.
67	67	38 (e) A city councilor or school committee member appointed by the city council or school
68	68	39committee pursuant to the provisions of paragraphs (b) or (c) shall not be entitled to have the
69	69	40words “candidate for reelection” printed against that person’s name on the ballot at the next
70	70	41election; provided, however, said councilor shall be entitled to have the word “incumbent”
71	71	42printed against that person’s name on the ballot at the next regular municipal election.
72	72	43 SECTION 2. This act shall become effective upon its passage.