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FILED ON: 7/18/2024
SENATE . . . . . . . . . . . . . . No. 2878
Senate, July 18, 2024 - New draft (Senator E. Kennedy) to Senate Bill relative to vacancies on
the city of Lowell city council and school committee (Senate, No. 2762).
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 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. (a) Notwithstanding any general or special law, rule or regulation to the
2contrary, if a vacancy occurs in the office of any city councilor or school committee member in
3the city of Lowell during the first 12 months of the term for which the city councilor or school
4committee member is elected, the vacancy shall be filled by a special election called for by the
5city council to be held not less than 64 days, but not more than 120 days, after the date on which
6the special election is called. If the special election is held to fill a district-based seat, the person
7elected to serve as city councilor or school committee member shall have been a resident of the
8district for at least 1 year immediately preceding the special election.
9 (b) If a vacancy occurs in the office of any city councilor during the second 12 months of
10the term for which the city councilor is elected, the city council may, by a vote of not less than 6
11councilors: (i) fill the vacancy through a special election held not less than 64 days, but not more
12than 120 days, after the date on which the special election is called; provided, however, that if
13the special election is held to fill a district-based seat, the person elected to serve as city 2 of 3
14councilor shall have been a resident of the district for at least 1 year immediately preceding the
15special election; (ii) appoint an eligible voter to fill the vacancy; provided, however, that if the
16council votes to appoint an eligible voter to fill the vacancy, the council shall appoint the eligible
17voter not later than 30 days after the seat became vacant; provided further, that an eligible voter
18appointed to fill a district-based seat shall have been a resident of the district for at least 1 year
19immediately preceding their appointment; or (iii) leave the seat vacant for the remainder of the
20term.
21 (c) If a vacancy occurs in the office of any school committee member during the second
2212 months of the term for which the school committee member is elected, the school committee
23may, by a vote of not less than 4 members: (i) request that the city council call for a special
24election to fill the vacancy through a special election held not less than 64 days, but not more
25than 120 days, after the date on which the special election is called; provided, however, that if
26the special election is held to fill a district-based seat, the person elected to serve as school
27committee member shall have been a resident of the district for at least 1 year immediately
28preceding the special election; (ii) appoint an eligible voter to fill the vacancy; provided,
29however, that if the school committee votes to appoint an eligible voter to fill the vacancy, the
30school committee shall appoint the eligible voter not later than 30 days after the seat became
31vacant; provided further, that any eligible voter appointed to fill a district-based seat shall have
32been a resident of the district for at least 1 year immediately preceding their appointment; or (iii)
33leave the seat vacant for the remainder of the term.
34 (d) A city councilor or school committee member elected by a special election pursuant
35to subsections (a), (b) or (c) shall be entitled to have the words “candidate for reelection” printed
36against that person’s name on the ballot at the next regular municipal election. 3 of 3
37 (e) A city councilor or school committee member appointed by the city council or school
38committee pursuant to subsections (b) or (c) shall not be entitled to have the words “candidate
39for reelection” printed against that person’s name on the ballot at the next election; provided,
40however, that said councilor shall be entitled to have the word “incumbent” printed against that
41person’s name on the ballot at the next regular municipal election.
42 (f) Except as provided for in this section, the nomination of candidates, the holding
43preliminary elections and the conduct of special elections held pursuant to this section shall be in
44accordance with all other provisions of the city charter and any general or special law.
45 SECTION 2. This act shall take effect upon its passage.