Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Any holder of an elective office in the town of Boylston may be recalled and removed therefrom by the qualified voters of said town as provided herein.

SECTION 2. Ten qualified voters of the town of Boylston may make and file with the town clerk of said town an affidavit containing the name of the officer sought to be recalled and removed and a statement of the grounds of removal. Said town clerk shall thereupon deliver, to the voters making such affidavit, a sufficient number of copies of petition blanks for such recall and removal. Such blanks shall be issued by said town clerk with his signature and official seal attached thereto and shall be dated and addressed to the board of selectmen. Such blanks shall contain the name of the person sought to be removed, the office from which removal is sought, the grounds of removal as stated in said affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said town clerk. Said recall petition shall be returned and filed with said town clerk within twenty business days after the filing of the affidavit. Said petition, before being returned and filed, shall be signed by qualified voters of said town of Boylston, equal in number to at least fifteen per cent of the qualified voters of the town as of the date such affidavit was filed with said town clerk.

SECTION 3. If the petition shall be found and certified by the town clerk of the town of Boylston to be sufficient, he shall submit the same with his certificate to the board of selectmen without delay, and said board of selectmen shall forthwith give written notice to said officer of the receipt of said certificate and shall, if the officer sought to be recalled and removed does not resign within five days thereafter, thereupon order a removal election to be held on a day fixed by them not less than sixty nor more than ninety days after the date of said town clerk's certificate that a sufficient petition is filed; provided, however, that if any other town election is to occur within one hundred days after the date of said certificate, said board of selectmen shall postpone the holding of the removal election to the date of such other election.

SECTION 4. The incumbent shall continue to perform the duties of his office until the recall election. If the recall fails, or if the incumbent seeks reelection and is reelected, he shall continue in office for the remainder of his unexpired term subject to recall as before. If the recall is successful and the incumbent has not been reelected in the recall election, he shall be deemed removed upon the qualifications 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 5. The nomination of candidates, the publication of the warrant for the recall election, and the conduct of same, shall all be in accordance with the provisions of law relating to elections, unless otherwise provided by this act.

SECTION 6. The ballots used at the recall election shall submit the following proposition in the order indicated. `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 candidate need not be counted unless the incumbent officer has previously resigned from office pursuant to section three.