Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H862 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. 2626 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 862
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
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 regarding the recall of elected officers of the town of Sharon.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2626 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 862
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 862) of
19	19	Edward R. Philips (by vote of the town) relative to the recall of elected officers in the town of
20	20	Sharon. Election Laws. [Local Approval Received.]
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4856 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act regarding the recall of elected officers of the town of Sharon.
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 SECTION 1. Any holder of an elective office of the town of Sharon may be recalled and
32	32	2removed from office by the qualified voters of the town as provided in this act.
33	33	3 No fewer than 50 registered voters of Sharon may initiate recall by filing with the town
34	34	4clerk an affidavit of intent to recall, signed under the penalties of perjury and including the place
35	35	5of residence of each signer with the street and number, containing the name of the officer and the
36	36	6office held whose recall is sought and a statement of the grounds of recall.
37	37	7 SECTION 2. Recall may be initiated for any holder of elective office in the town of
38	38	8Sharon for any misconduct, abuse of office or authority or other actions that call into question
39	39	9the officeholder’s fitness or ability to serve the people of Sharon. 2 of 5
40	40	10 The grounds may include, but are not limited to, the following:
41	41	11 (i) conviction of a felony or other serious crime involving moral turpitude;
42	42	12 (ii) failure to take the oath by swearing in with the town clerk within 30 days of election;
43	43	13 (iii) unless having taken it prior to election, failure to complete the training program
44	44	14prepared by the state ethics commission pursuant to section 28 of chapter 268A of the General
45	45	15Laws within 30 days of election;
46	46	16 (iv) the finding of an intentional violation of the responsibilities described in the oath and
47	47	17ethics training described above; or
48	48	18 (v) a poor attendance record that impairs the ability of a board, commission or committee
49	49	19to function.
50	50	20 An elected official’s opinions or votes on any subject within the public body’s
51	51	21jurisdiction shall not constitute grounds for recall such that the elected official may make
52	52	22decisions within their authority without fear of recall; provided, that an elected official’s vote or
53	53	23actions that are found to be an intentional violation as described in 930 C. M.R. 1.00 – 7.00 shall
54	54	24be grounds for recall.
55	55	25 SECTION 3. Within 7 business days of receipt of an affidavit of intent, the town clerk
56	56	26shall verify whether the petition contains the required number of signatures and whether the
57	57	27petition represents a valid ground for which to seek recall. The town clerk shall certify the names
58	58	28of voters of the town who signed the affidavit of intent to make sure the names of voters are
59	59	29valid. 3 of 5
60	60	30 SECTION 4. Upon certification by the town clerk that a sufficient number of registered
61	61	31voters signed the affidavit of intent, the town clerk shall, within 2 business days following said
62	62	32certification, notify the primary petitioner, who shall be the voter first named on such affidavit of
63	63	33intent, that copies of blank petitions are available at the office of the town clerk. The blanks shall
64	64	34be issued by the town clerk with the town clerk’s signature and official seal attached thereto.
65	65	35 The blank petitions shall be dated and addressed to the select board and shall contain the
66	66	36name of the person whose recall is sought, the office from which recall is sought and the grounds
67	67	37for recall as stated in the affidavit and shall demand the election of a successor to such office.
68	68	38The names of the first 10 signers of the affidavit of intent shall be listed above the voter signature
69	69	39lines and any instructions to signers. A copy of the petition with all required signers of the
70	70	40affidavit of intent shall be entered in a record book to be kept in the office of the town clerk.
71	71	41 SECTION 5. The recall petition shall be signed by not less than 10 per cent of the
72	72	42registered voters of the town of Sharon as of the last annual town election and every signature
73	73	43shall include the place of residence of the signer with the street and number.
74	74	44 The recall petition shall be returned and filed with the town clerk and board of registrars
75	75	45not later than the posted closing time of town hall on the 60th calendar day following the date
76	76	46that the clerk notifies the primary petitioner of the availability of the petition, or the next
77	77	47business day if the 60th day falls on a Saturday, Sunday or legal holiday. The clerk shall notify
78	78	48the primary petitioner of the final date and hour for filing.
79	79	49 Within 7 business days following the date of such filing, the town clerk and board of
80	80	50registrars shall certify in writing thereon the number of signatures that are names of registered
81	81	51voters in the town as of the date the affidavit was filed with the town clerk. 4 of 5
82	82	52 SECTION 6. If the petition shall be found and certified by the town clerk to be sufficient,
83	83	53the town clerk shall submit the certified petition to the select board within 2 business days from
84	84	54certification of sufficient signatures and the select board shall immediately, and in not more than
85	85	553 business days, cause written notice of the receipt of the certificate to be given to the elected
86	86	56officer whose recall is being sought.
87	87	57 If the officer sought to be recalled does not resign within 3 business days thereafter, the
88	88	58select board shall, within 5 additional business days, vote to order a recall election to be held not
89	89	59less than 64 nor more than 90 calendar days from the date of the select board’s vote scheduling
90	90	60the election; provided, however, that if any other town election is to occur within 100 calendar
91	91	61days after the date of the select board’s vote scheduling the election, the select board may, in its
92	92	62discretion, place the question of recall on the ballot at such other election. If a vacancy occurs in
93	93	63the office sought to be recalled after a recall election has been ordered, but not yet been
94	94	64conducted, the election shall nevertheless proceed as provided in this act.
95	95	65 SECTION 7. The officer subject to the recall may be a candidate to succeed themselves,
96	96	66and unless they request otherwise in writing, the town clerk shall place their name on the official
97	97	67ballot without nomination. The nomination of other candidates, the publication of the warrant for
98	98	68the recall election and the conduct of the same shall be in accordance with the provisions of law
99	99	69relating to elections.
100	100	70 SECTION 8. The officer subject to the recall shall continue to perform the duties of their
101	101	71office until the recall election. If then re-elected, they shall continue in office for the remainder
102	102	72of their unexpired term, subject to recall as before, except as provided in section 10. If not re-
103	103	73elected in the recall election, the officer shall be deemed removed upon the qualification of their 5 of 5
104	104	74successor, who shall hold office during the unexpired term. If the successor fails to qualify
105	105	75within 7 business days after receiving notification of their election, the subject of the recall shall
106	106	76thereupon be deemed removed and the office vacant.
107	107	77 SECTION 9. Ballots used in a recall election shall submit the following propositions in
108	108	78the order indicated:
109	109	79 For the recall of (name of officer).
110	110	80 Against the recall of (name of officer).
111	111	81 Under the proposition shall appear the word "Candidates" with directions to the voters as
112	112	82required by section 42 of chapter 54 of the General Laws. Beneath this, listed alphabetically,
113	113	83shall appear the names of the candidates nominated as provided by law. If a majority of the votes
114	114	84cast on the recall question is in favor of the recall, the elected official shall be recalled and the
115	115	85ballots for the candidate shall be counted. The candidate who received the higher number of
116	116	86votes shall be elected to the office. If a majority of the votes cast on the recall question is in the
117	117	87negative, the votes for candidates to fill the potential vacancy need not be counted.
118	118	88 SECTION 10. No recall petition shall be filed against an officer within 6 months after
119	119	89they take office or within the last 6 months of their term, nor, in the case of an officer subjected
120	120	90to a recall election and not removed thereby, until at least 6 months after that election.
121	121	91 SECTION 11. No person who has been recalled from an office or who has resigned from
122	122	92office while recall proceedings were pending against them shall be appointed to any town office
123	123	93within 2 years after such removal by recall or resignation.
124	124	94 SECTION 12. This act shall take effect upon its passage.