Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H828 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2565 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 828
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dennis C. Gallagher
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 proposed ordinance D-FY22-009: Bridgewater town charter article III, elected officials
13	13	recall provision.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Dennis C. Gallagher8th Plymouth1/16/2025 1 of 5
17	17	HOUSE DOCKET, NO. 2565 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 828
19	19	By Representative Gallagher of Bridgewater, a petition (accompanied by bill, House, No. 828) of
20	20	Dennis C. Gallagher (by vote of the town) that the town of Bridgewater be authorized to hold
21	21	recall elections. Election Laws. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act proposed ordinance D-FY22-009: Bridgewater town charter article III, elected officials
28	28	recall provision.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 ORDERED that the Town Charter, Article II, Legislative Branch shall be amended to
32	32	2include a recall provision as below:
33	33	3 “(a) Any holder of an elective office in the Town of Bridgewater may be recalled and
34	34	4removed there from by the qualified voters of said Town as herein provided.
35	35	5 (b) One hundred or more of a district’s registered voters, or in the case of an at large
36	36	6official four hundred or more registered voters, may file with the Town Clerk an affidavit
37	37	7containing the name of the officer and the office held whose recall is sought and a statement of
38	38	8the offenses upon which the petition is based. An allegation of offenses which shall constitute a
39	39	9basis for recall of an elected official under this section shall include, but not be limited to, the
40	40	10following transgressions: (1) conviction of a felony or conviction of the following misdemeanors
41	41	11as defined by Massachusetts General Laws: domestic violence, driving under the influence of 2 of 5
42	42	12alcohol or drugs, the illegal manufacture, distribution or dispensing of controlled substances,
43	43	13assault or criminal harassment, while presently in office; or (2) admission of facts, while
44	44	14presently in office, sufficient to be convicted of a felony or sufficient to be convicted of the
45	45	15following misdemeanors as defined in Massachusetts General Laws: domestic violence, driving
46	46	16under the influence of alcohol or drugs, the illegal manufacture, distribution or dispensing of
47	47	17controlled substances, assault or criminal harassment; or (3) violation of the conflict of interest
48	48	18law (M.G.L. c. 268A) while presently in office, as determined by the State Ethics Commission or
49	49	19the Attorney General; (4) attendance at less than fifty (50%) of the posted public meetings of the
50	50	20board or office of which the official was an elected member or to which the official has been
51	51	21elected or appointed as part of their elected position during the previous twelve (12) months; (5)
52	52	22insobriety while performing official functions, being placed under guardianship or
53	53	23conservatorship by a probate court; or (6) corruption, conviction of bribery, or extortion or (7)
54	54	24violation of law, regulation, bylaw or other abdication of the applicable requirements of the
55	55	25elected position. The elected official’s vote on a matter (other than in connection with a conflict
56	56	26of interest violation reference above) shall not be grounds for a recall petition. Said Town Clerk
57	57	27and the Board of Registrars shall, within five business days, certify thereon the number of
58	58	28signatures which are names of registered voters of the Town. The Town Clerk shall upon
59	59	29certification deliver to said voters making the affidavit copies of petition blanks demanding such
60	60	30recall, copies of which shall be kept available. The blanks shall be issued by the Town Clerk
61	61	31with said Clerk’s signature and official seal attached thereto. They shall be dated, shall be
62	62	32addressed to the Town Council, and shall contain the names of all persons to whom they are
63	63	33issued, the name of the person whose recall is sought, the office held by the person named, the
64	64	34grounds of recall as stated in the affidavit and shall demand the election of a successor to said 3 of 5
65	65	35office. A copy of the petition shall be entered in a record book to be kept in the office of the
66	66	36Town Clerk. The recall petition shall be returned and filed with the Town Clerk within 21
67	67	37calendar days after the certification of the affidavit and shall have been signed by no less than at
68	68	38least ten percent (10%) of the registered voters of the district or the Town, as the case may be,
69	69	39based on the last Town election, who shall add to their signatures the street and number if any, of
70	70	40their residences. The Town Clerk shall within twenty-four hours of receipt of the petition, submit
71	71	41the petition to the Board of Registrars of voters in the Town, and the Registrars shall within 14
72	72	42calendar days certify thereon the number of signatures which are names of registered voters of
73	73	43the Town.
74	74	44 (c) If the petition shall be certified by the Town Clerk and the Board of Registrars, and
75	75	45found to be sufficient, the Town Clerk shall submit the same with the Town Clerk’s certification
76	76	46to the Town Council without delay and said Council shall within five business days give written
77	77	47notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not
78	78	48resign within five business days thereafter, the Town Council shall order an election to be held
79	79	49on a date fixed by them not less than 60 nor more than 90 calendar days after the date of the
80	80	50Town Clerk's certification that a sufficient petition has been filed; provided, however, if any
81	81	51other Town election is to occur within 100 calendar days after certification, the Town Council
82	82	52shall postpone the holding of the recall election to the date of such other election. If a vacancy
83	83	53occurs in said office after a recall election has been ordered, the election shall nevertheless
84	84	54proceed as specified in the section provided.
85	85	55 (d) An officer sought to be removed by recall may be a candidate for re-election and,
86	86	56unless the officer requests otherwise in writing, the Town Clerk shall place the officer’s name on
87	87	57the ballot without nomination. The nomination of other candidates, the publication of the warrant 4 of 5
88	88	58for the recall election, and the conduct of the same, shall all be in accordance with the provisions
89	89	59of law relating to elections, unless otherwise provided in this act.
90	90	60 (e) The incumbent shall continue to perform the duties of office until the recall election.
91	91	61If then re-elected, the officer shall continue in office for the remainder of the unexpired term,
92	92	62subject to recall as before, except as provided in this section. If the majority of the votes cast
93	93	63upon the question of recall is in the affirmative, the candidate receiving the highest number of
94	94	64votes shall be declared elected. If not re-elected in the recall election, the officer shall be deemed
95	95	65removed upon the qualification of the successor, who shall hold office during the unexpired
96	96	66term. If the successor fails to qualify within five calendar days after receiving notification of the
97	97	67election, the incumbent shall be deemed removed and the office vacant.
98	98	68 (f) Ballots used in a recall election shall submit the following proposition in the order
99	99	69indicated: FOR the recall of (name of officer) (office held) or AGAINST the recall of (name of
100	100	70officer) (office held). Immediately at the right of each proposition there shall be an oval in which
101	101	71the voter, by filling in the oval, may vote for either of said propositions. Under the proposition
102	102	72shall appear the word "Candidates", the direction "Vote for One", and beneath this the names of
103	103	73candidates nominated as hereinbefore provided. In the case of machine voting or punch card
104	104	74balloting, or other forms of balloting provision shall be made to allow the same intent of the
105	105	75voter. If a majority of the votes cast upon the question of recall is in the affirmative, the
106	106	76candidate receiving the highest number of votes shall be declared elected. If a majority of votes
107	107	77on the question is in the negative, the ballots for candidates need not be counted. 5 of 5
108	108	78 (g) No recall petition shall be filed against an officer within six months after taking
109	109	79office, or in the case of an officer subjected to a recall election and not removed thereby, until at
110	110	80least six months after that election.
111	111	81 (h) No person who has been recalled from an office or who has resigned from office
112	112	82while recall proceedings were pending against that person, shall be appointed to any Town office
113	113	83within two years after such removal by recall or resignation.”
114	114	84 Said Amendment shall only become effective and is contingent upon approval by the
115	115	85Town Council, the State Legislature and the voters of the Town of Bridgewater.