Bill S.2069

SENATE DOCKET, NO. 2207 FILED ON: 5/16/2017

SENATE . . . . . . . . . . . . . . No. 2069

By Mr. Fattman (by request), a petition (accompanied by bill, Senate, No. 2069) of Kevin J. Kuros (by vote of the town) for legislation to provide for recall elections in the town of Uxbridge. Election Laws. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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

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: The charter of the Town of Uxbridge, as appearing in Article 1 through 7, as amended by the said Town under the provisions of Chapter 43B of the General Laws, is hereby further amended by inserting the following into Article 3, Section 10:

Section 10: Recall of Elected Officials

(a) Holders of elected offices in the town of Uxbridge described by Article 3, Section 1 of this Town Charter may be recalled from office for any lawful reason by the registered voters of the town as provided in this Act.

(b) Using a citizen’s petition form, a petitioner having the signatures of one-hundred (100) or more registered voters may file an initial recall affidavit containing the names and addresses of the signatory registered voters with the Town Clerk. The affidavit shall also contain: (i) the name(s) of the officer(s) whose recall is sought; (ii) the office(s) sought to be recalled; and (iii) a statement of the grounds for recall.

(c) Within fourteen (14) days of receipt of the initial recall affidavit, the Registrar of Voters shall certify the signatures on the initial recall affidavit.

(d) If the initial recall affidavit is found to contain a sufficient number of signatures, the Town Clerk shall deliver within fourteen (14) days of the certification, to the petitioner who submitted the initial recall affidavit, a formal numbered printed recall petition sheet with the Town’s official seal, and addressed to the Board of Selectmen with demand for a recall.

(e) The Town Clerk shall fill out the top portion of the recall petition sheet stating the name(s) of the elected official(s), the office(s) of the elected official, the grounds for recall in the petition, and the date the petition is delivered to petitioner. A copy of the recall petition sheet shall be entered in a record book to be kept in the office of the Town Clerk.

(f) A copy of the recall petition sheet and the name of the petitioner shall be delivered to the elected official whose recall is sought, on the date the recall petition is delivered to the petitioner.

(g) Exact copies of the recall petition sheet may be made for the collection of signatures.

(h) The petitioner who filed the initial recall affidavit shall have thirty (30) days from the date of delivery of the recall petition sheet to file the signed recall petition sheets with the Town Clerk, which shall contain the signatures, names and street addresses of at least seventy-five (75) percent of the total number of registered voters who voted at the most recent annual town election.

(i) The Registrar of Voters shall within fourteen (14) days certify the number of signatures that are names of registered voters in the town.

(j) If a sufficient number of signatures have been certified, the Town Clerk shall certify the recall petition, and without delay, submit the recall petition with the Town Clerk’s certification to the Board of Selectmen. The Board of Selectmen shall immediately following their next scheduled meeting, give written notice of the receipt of the certificate, either by hand or by certified mail, return receipt requested, to the person holding an elected office sought to be recalled.

(k) If the person holding an elected office does not resign within seven (7) days after receipt of the notice, the Board of Selectmen shall immediately order an election to be held on a date fixed by them not less than sixty (60) days and not more than ninety (90) days after the date of the Selectmen’s order; provided, however, that if another town election is scheduled to occur within one-hundred (100) days after the date of the certification, the Board of Selectmen may, at their discretion, hold the recall election on the date of the scheduled town election. If a vacancy occurs in the office after a recall election has been ordered, the election shall proceed as provided in this Act.

(l) An officer sought to be removed by recall election may be a candidate to succeed in that office. The nomination of candidates, the publication of the warrant for the recall election and the conduct of the same shall be under the General Laws relating to elections, unless otherwise provided in this Act.

(m) The incumbent shall continue to perform the duties of the office until the recall election, unless they resign their position. If the officer is not recalled, the officer shall continue in office for the remainder of the unexpired term subject to recall, except as provided in this Act. If the incumbent is not re-elected in the recall election, the officer shall be considered removed from office immediately.

(n) The ballots used in a recall election shall submit the following propositions in the order indicated:

For the recall of (name of officer) (office held)

Against the recall of (name of officer) (office held)

(o) There shall be an appropriate place for the voters to vote for either such propositions, and above said proposition, there shall appear the direction “Vote for one.” Under the propositions shall appear the word “Candidates” and directions to voters required by the General Laws, and beneath this, the names of the candidates nominated listed alphabetically as herein provided.

(p) On the ballot, the above said propositions shall be provided individually for each officer and office considered in the recall election.

(q) 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 shall be elected to hold office for the remainder of the unexpired term. If a majority of the votes cast on the recall question is in the negative, the votes cast for candidates to fill the potential vacancy shall not be counted.

(r) No recall petition shall be filed against an elected officer of the town within three (3) months after an officer takes office. In the case of an elected officer subjected to a recall election and not recalled, a recall petition shall not be filed against that officer until at least twelve (12) months after the election at which the recall was submitted to the voters of the town.

SECTION 2: This Act shall take effect upon its passage.

Name:	District/Address:
Kevin J. Kuros	8th Worcester