Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Any holder of an elective office in the town of Middleborough may be recalled therefrom by the voters of the town as herein provided.
SECTION 2. One hundred or more qualified voters may make and file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to the ten persons first named on such affidavit a sufficient number of petition blanks demanding such recall, copies of which printed forms he shall keep available. Said petition blanks may be completed by printing or typewriter and they shall contain the names of the ten persons to whom they are issued, the name of the person sought to be recalled, the office from which recall is sought, and the grounds for recall as stated in the affidavit. They shall demand the election of a successor to the office and they shall be dated, signed and sealed by the town clerk. Said recall petition shall be returned to the office of the town clerk not later than five o'clock in the afternoon on or before the first work day following twenty days after the date they are issued, signed by at least eight hundred qualified persons registered to vote in the town as of the date such affidavit was filed with the town clerk. To every signature shall be added the place of residence of the signer, giving the street and number, if any. One of the ten persons to whom the recall petition forms is issued shall make an affidavit on each page that statements therein contained are true.
The town clerk shall, within seventy-two hours following the day of such filing with the office of the town clerk, submit the recall petition forms to the board of registrars of voters which shall, within five working days after the day of receipt, certify in writing thereon the number of signatures which are those of qualified persons registered to vote in the town as of the date such affidavit was filed with the town clerk. The board of registrars of voters, upon the completion of their certification, shall return the recall petition forms to the town clerk.
SECTION 3. If said recall petition forms shall be certified by the board of registrars of voters to contain at least eight hundred qualified persons registered to vote, and if the petition shall be found and certified by the town clerk to be sufficient, the town clerk shall give notice without delay, in writing, to the elected officer whose recall is sought by sending to said officer a copy of the affidavit and the recall petition form together with notice of the number of qualified voters certified by the board of registrars of voters who signed the recall petition forms and the total number of qualified voters in the town as of the most recent town election.
If the officer to whom notice is directed by the town clerk does not resign the office within five days following receipt of the aforesaid notice from the town clerk, the town clerk shall give notice in writing to the board of selectmen not later than one working day following the expiration of the foregoing five days. The board of selectmen shall order a special election to be held not less than sixty nor more than ninety days after the receipt of notice from the town clerk as aforesaid. If, however, any other town election is to be held within one hundred days of receipt by the board of selectmen of notice from the town clerk, the recall election shall be postponed and shall be held at such time and in conjunction with such other election. If a vacancy occurs in the office for any reason after a recall election has been ordered by the board of selectmen, the recall election shall nevertheless proceed as provided for herein.
SECTION 4. Any officer sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the town clerk shall place his name on the ballot without nomination. The number of signatures of qualified voters required to place the name of a candidate on the official ballot for use at a recall election shall not be less than fifty. The publication of the warrant for the recall election and the conduct of the recall election shall be in accordance with the General Laws regulating elections, unless otherwise provided in this act.
SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If then re-elected, he shall continue in office for the remainder of his unexpired term subject to recall as before, except as provided in section seven. If not re-elected in the recall election, he shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
SECTION 6. The ballots used at the recall election shall submit the following proposition in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (x) may vote for either of such propositions. Under the propositions shall appear the word "Candidates" and the direction for the voters required by law, and beneath the word "Candidates" shall be the names of candidates nominated as hereinabove provided. The ballots used in a recall election shall be substantially in the following form: `tuc RECALL ELECTION (Month and day of Month and Year)
FOR THE RECALL OF (Name in full)
AGAINST THE RECALL OF (Name in full) `tuc CANDIDATES Vote for One
(Name of Candidate)
If a majority of the votes cast upon the question of recall are in the affirmative, the candidate receiving the highest number of votes shall be declared elected.
If a majority of the votes cast upon the question of recall are in the negative, the ballots for the candidates need not be counted unless the incumbent officer has previously resigned from office pursuant to section three.
SECTION 7. No recall petition shall be filed against an officer within six months after he takes office, nor in the case of an officer subjected to a recall election and not removed thereby, until at least six months after that election.
SECTION 8. No person who has been removed from an office by recall, or who has resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years after such removal by recall or such resignation.