FILED ON: 11/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3764

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the date of the 2014 biennial state primaries.

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.  Notwithstanding the provisions of section 28 of chapter 53 of the General Laws or any other special or general law to the contrary, the state primary in 2014 shall be held on September 9, 2014.

SECTION 2.  Notwithstanding the provisions of section 3 of chapter 53 of the General Laws or any other special or general law to the contrary, a person whose name is not printed on the September 9, 2014 state primary ballot as a candidate for an office, but who receives sufficient votes to nominate him therefor, shall file in the office of the state secretary a written acceptance of said nomination and a receipt from the state ethics commission verifying the fact that a statement of financial interest has been filed under chapter two hundred and sixty eight B no later than 5:00 pm on Thursday, September 11, 2014.

SECTION 3. Notwithstanding the provisions of sections 11, 13 and 53A of chapter 53 and section 5 of chapter 55B of the General Laws or any other special or general law to the contrary, objections to and withdrawals from nominations made at the September 9, 2014 state primary shall be filed with the state secretary no later than 12:00 p.m. on Friday, September 12, 2014. 

SECTION 4. Notwithstanding the provisions of section 14 of chapter 53 or any other special or general law to the contrary, any vacancies from the September 9, 2014 state primary caused by death, withdrawal or ineligibility in accordance with Section 3, shall be filled by an executive committee, determined by the state party committee, of the same political party who made the original nomination. 

SECTION 5. Notwithstanding the provisions of section 15 of chapter 53 of the General Laws or any other special or general law to the contrary, when a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate from the September 9, 2014 state primary, the certificate of nomination shall be on a form prescribed by the state secretary, shall be signed by the executive committee appointed by the state committee of the same political party as provided for in Section 4, and shall be filed with the state secretary no later than 5:00 pm on Monday, September 15, 2014.

SECTION 6.  Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, a petition for a recount of the September 9, 2014 state primary shall be filed with the appropriate local election official no later than 5:00 pm on September 11, 2014 and all recounts must be completed and notice of the results sent to the state secretary no later than 5:00 pm on September 16, 2014. 

SECTION 7.  Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, petitions for district wide and statewide recounts of the September 9, 2014 state primary shall be submitted to the appropriate local election officials for certification no later than 3:00 pm on September 11, 2014 and local election officials must complete certification no later than 12:00 pm on September 12, 2014. Thereafter, certified petitions must be filed with the secretary of state no later than 5:00 pm on September 12, 2014.  If the state secretary determines that the contest is eligible for a statewide or district wide recount, he shall notify the local election officials who must complete such recounts and notify the state secretary of the results of the recount no later than 4:00 pm on September 17, 2014.

SECTION 8.  Notwithstanding the provisions of sections 8, 9 and 10 of chapter 55B of the General Laws or any other special or general law to the contrary, the state ballot law commission shall notify candidates of any objections filed to nominations at the September 9, 2014 state primary no later than 5:00 pm on September 12, 2014.  Notice of the commission hearings shall be by telephone and electronic mail.  Hearings on objections shall be held on September 15, 2014 and decisions rendered no later than 5:00 pm on September 16, 2014.

SECTION 9.  Notwithstanding any general or special law to the contrary, local election officials shall transmit absentee ballots to voters covered under the Uniformed and Overseas Citizens Absentee Voting Act whose applications were received at least 45 days before the November 4, 2014 state election, no later than September 20, 2014. 

SECTION 10.  Notwithstanding any general or special law to the contrary, the state secretary shall have the authority to add or change any dates relating to the nominations made at the September 9, 2014 state primary he deems necessary for the orderly administration of the November 4, 2014 election by providing notice of such change to the state parties and any affected person, by filing notice with the Rules and Regulations Division, by posting on his website and by whatever other means he deems appropriate.

SECTION 11.  This act shall take effect upon its passage.