Bill H.3640

HOUSE DOCKET, NO. 3966 FILED ON: 6/24/2015

HOUSE . . . . . . . . . . . . . . . No. 3640

By Representative Hogan of Stow and Senator Flanagan, a joint petition (accompanied by bill, House, No. 3640) of Kate Hogan (by vote of the town) that the town of Bolton be authorized to recall certain elected officials. Election Laws. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act providing for recall elections in the town of Bolton.

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. Authority to recall and time restrictions.

Any holder of an elected office in the Town of Bolton may be recalled therefrom by registered voters of the Town as hereinafter provided. No recall petition shall be filed against an officer within six months after he/she takes office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his/her recall was submitted to the voters.

Section 2. Initiation of recall petition.

Any 30 registered voters of the Town of Bolton may initiate a recall petition by filing an affidavit with the Town Clerk. The affidavit shall contain the name of the officer sought to be recalled and a statement of the grounds of recall. The Town Clerk shall provide a sufficient number of copies of petition blanks demanding such recall (printed forms of which shall be kept on hand) to the voters who made the affidavit. The blanks shall be issued by the Town Clerk and bear the Clerk’s signature and Official Seal; they shall be dated and addressed to the Selectmen and shall contain the names of all persons to whom issued, the number of blanks so issued, the names of all persons to whom issued, the name of the person sought to be recalled, the grounds of recall as stated in the affidavit, and shall demand the election of a successor to such office. Such blanks must be provided within five town hall business days during regular business hours. Said recall petition shall be returned and filed with the Town Clerk on the 28th day after the filing of the affidavit. In the event that the town hall is not open on the 28th day, the petition may be filed during normal business hours on the next town hall business day The petition, before being returned and filed, shall be signed by qualified voters of the town, equal in number to at least 20 percent of the qualified voters of the town as of the date the affidavit was filed with the Town Clerk. Every signature must be accompanied by the signer's place of residence, giving the street and number. The Registrars of Voters shall forthwith certify the number of signatures.

Section 3. Statement of grounds.

The reasons for which a recall may be initiated include but are not limited to:

A.Lack of Fitness (insobriety while performing official functions, involuntary commitment to a mental health facility, being placed under guardianship or conservatorship by a probate court);

B.Corruption (conviction of a felony involving moral turpitude, conviction of bribery, or extortion).

C.Neglect of Duties (repeated absences from meetings without just cause. Just cause shall include but not be limited to illness or regular vacation periods).

D.Misfeasance (performance of official acts in an unlawful manner, or a willful violation of the conflict of interest law, open meeting law or other ethical violations).

Section 4. Notice to officer, resignation or recall election to be ordered.

If the petition shall be found and certified by the Registrars of Voters to be sufficient, the Town Clerk shall forthwith submit it with the certificate to the Selectmen. The Selectmen shall forthwith give written notice to said officer of the receipt of said certificate and, if the officer sought to be removed does not resign within seven calendar days, shall order an election to be held on a day fixed by them not less than 45 days nor more than 60 days after the date of the Town Clerk's certificate that a sufficient petition is filed. However, if any other Town election is to occur within 90 days after the date of said certificate the Selectmen may, at their discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed as in this section provided.

Section 5. Candidates to succeed officer.

Any officer sought to be recalled may not be a candidate to succeed himself/herself. The nomination of other candidates, the publication of the warrant for the recall election, and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided by this act.

Section 6. Duties of incumbent.

The incumbent shall continue to perform the duties of his/her office until the recall election. If the officer is not recalled, he/she shall continue in the office for the remainder of his/her unexpired term, subject to recall as before, except as provided in this act. If the officer is recalled in the recall election, he/she shall be deemed removed upon the election of his/her successor, who shall hold office during the unexpired term. If the successor fails to take office within five days after receiving notification of his/her election, the incumbent shall thereupon be deemed removed and the office vacant.

Section 7. Ballots for recall election.

A.Ballots used in a recall election shall submit the following propositions 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 an oval above which reads “vote for one”. The voter, by filling in said oval, may vote for either of such propositions. Under the propositions shall appear the word "Candidates," and the direction “vote for one” and beneath this the names of candidates nominated as hereinbefore provided. In case of other forms of balloting, appropriate provision shall be made to allow the same intent of the voter.

B.If a majority of the votes cast on the recall question is in the affirmative, then the candidate who received the highest number of votes in the special election to fill the vacancy shall be elected. If a majority of votes on the question is in the negative, the ballot for candidates need not be counted.

Section 8. Appointment of recalled or resigned official.

No person who has been removed from an office or who has resigned from office while recall proceedings were pending against him/her shall be appointed to any Town office within two years after such removal or such resignation.

Section 9. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Kate Hogan	3rd Middlesex	6/24/2015