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SENATE DOCKET, NO. 19 FILED ON: 1/9/2023
SENATE . . . . . . . . . . . . . . No. 440
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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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 to recall elected officials in the town of Manchester-by-the-Sea.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexAnn-Margaret Ferrante5th Essex 1 of 4
SENATE DOCKET, NO. 19 FILED ON: 1/9/2023
SENATE . . . . . . . . . . . . . . No. 440
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 440) of Bruce E. Tarr and Ann-
Margaret Ferrante (by vote of the town) for legislation to recall elected officials in the town of
Manchester-by-the-Sea. Election Laws. [Local Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 3154 OF 2021-2022.]
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 to recall elected officials in the town of Manchester-by-the-Sea.
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. Any holder of an office elected solely by the voters of the town of
2Manchester-by-the-sea may be recalled and removed from the office by the registered voters of
3the town herein provided, for reason of lack of fitness, incompetence, neglect of duties,
4corruption, malfeasance, misfeasance or violation of oath.
5 SECTION 2. Not less than 200 registered voters of the town of Manchester-by-the-Sea
6may initiate a recall by filing with the town clerk an affidavit of intent to recall, signed under the
7penalties of perjury, containing the name of the officer and the office held whose recall is sought
8and a statement of the grounds of recall including specific facts supporting one or more of the
9reasons in section 1. The town clerk shall immediately forward the recall affidavit to the board of
10registrars to verify the signatures. 2 of 4
11 SECTION 3. Within 14 calendar days of receipt of the initial recall affidavit, the board of
12registrars shall certify to the town clerk a sufficient number of signatures. The town clerk shall,
13within 3 business days thereafter, deliver to the first 10 signers of the affidavit a formal
14numbered printed recall petition sheet with the town clerk’s signature and official seal attached
15thereto. The blanks shall be dated and addressed to the select board, shall contain the name of the
16person whose recall is sought, the office from which recall is sought and the grounds for recall as
17stated in the affidavit including specific facts supporting one or more of the reasons in section 1
18and shall demand the election of a successor to the office. The names of the first 10 signers of the
19initial recall affidavit shall be listed above the voter signature lines and any instructions to
20signers. A copy of the petition shall be entered in a record book to be kept in the office of the
21town clerk.
22 SECTION 4. The recall petition shall be returned and filed with the town clerk and board
23of registrars not later than 5:00pm. 30 calendar days from the date of delivery of the recall
24petition sheets, or the next business day if the thirtieth day falls on a Saturday, Sunday, or legal
25holiday. The clerk shall notify the first 10 signers of the final date and hour for filing. The recall
26petition shall be signed by not less than 20 percent of the registered voters of the town of
27Manchester-by-the-Sea as of the last annual town election and every signature shall include the
28place of residence of the signer with the street and number. Within 5 business days following the
29receipt of the signed petition, the town clerk shall submit the recall petition sheets to the board of
30registrars and the board of registrars shall certify in writing thereon the number of signatures that
31are names of registered voters in the town as of the date the petition sheet was filed with the
32town clerk. 3 of 4
33 SECTION 5. If the total recall petition sheets shall be found and certified by the board of
34registrars to be sufficient, the town clerk shall submit the certified petition to the select board
35within 2 business days. The select board shall immediately, and in not more than 5 business
36days, give written notice of the receipt of the certificate to the elected officer whose recall is
37being sought. If the officer sought to be removed does not resign within 3 business days
38thereafter, the select board shall, within 5 business days of the last day upon which the officer
39must resign under this Section, order a recall election to be held not less than 64 days nor more
40than 90 calendar days from the date of the vote scheduling the election; provided, however, that
41if any other town election is to occur within 100 calendar days after the date of the vote, the
42select board may, in its discretion, place the question of recall on the ballot at such other election.
43If a vacancy occurs in the office sought to be recalled after a recall election has been ordered, but
44not yet been conducted, the election shall nevertheless proceed as provided in this act.
45 SECTION 6. An officer sought to be removed may be a candidate to succeed himself in
46an election to be held to fill the vacancy. The nomination of all candidates, the publication of the
47warrant for the recall election, and the conduct of the same shall be in an accordance with the
48provisions of law relating to elections.
49 SECTION 7. The incumbent shall continue to perform the duties of the office until the
50recall election unless the incumbent resigns. If the incumbent is not recalled, the incumbent shall
51remain in office for the remainder of the incumbent’s unexpired term, subject to recall as before.
52If recalled in the recall election, the incumbent shall be considered removed from office
53immediately. The Successor, upon qualification, shall hold office during the unexpired term;
54provided, however, that if such person is not qualified within 10 business days of the recall 4 of 4
55election, the position shall be deemed vacant and may be filled in accordance with the applicable
56law.
57 SECTION 8. Ballots used in a recall election shall contain the following question: Shall
58(insert name and office) be recalled from office? Immediately at the right of the proposition,
59there shall be a designated place for the voters to vote for or against the question.
60 Under the proposition shall appear the word “CANDIDATES” with directions to the
61voters as required by section 42 of chapter 54 of the General Laws. Beneath this, listed
62alphabetically, shall appear the names of the candidates nominated as provided by law.
63 If a majority of the votes cast on the recall question is in favor of the recall, the elected
64official shall be recalled and the ballots for the candidate shall be counted. The candidate who
65received the higher number of votes shall be elected to the office. If a majority of the votes cast
66on the recall question is in the negative the votes for candidates to fill the potential vacancy need
67not be counted.
68 SECTION 9. An initial recall affidavit shall not be filed against an elected official within
693 months after the official has taken office nor, in the case of an officer subjected to a recall
70election and not recalled thereby, until at least 3 months have elapsed after the election which the
71recall was submitted to the voters.
72 SECTION 10. A person who has been recalled from office, or who has resigned from
73office after the recall petition has been filed with the board of registrars shall not be appointed to
74any town office, board or committee within 3 years after the recall or resignation.
75 SECTION 11. This act shall take effect upon its passage.