HOUSE DOCKET, NO. 4669        FILED ON: 12/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4311

The Commonwealth of Massachusetts

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PRESENTED BY:

Smitty Pignatelli and Adam G. Hinds

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to recall elections in the town of Monterey.

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PETITION OF:

HOUSE DOCKET, NO. 4669        FILED ON: 12/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4311

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to recall elections in the town of Monterey.

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 town office may be recalled and removed from office by the registered voters of the town of Monterey as provided in this act.

SECTION 2. Thirty registered voters of the town of Monterey may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. Within 7 days of receipt of the affidavit, the town clerk shall   deliver to the voters making such affidavit sufficient number of copies of petition sheets in blank demanding such recall and removal, each bearing the town clerk's signature and official seal.  The petition blanks shall: (i) be addressed to the select board, (ii) be dated, (iii) contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the initial affidavit and (iv) 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 the town clerk. The recall petition shall be returned and filed with the town clerk within 21 days after filing the affidavit and shall be signed by at least 15 per cent of the registered voters of the town as of the date the affidavit was filed with the town clerk. The number and street of each person's residence shall appear after their signature. The town clerk shall forthwith submit the petition sheets to the board of registrars of voters. The board of registrars of voters shall, within 5 working days of receipt of the recall petition sheets, forthwith  verify the number of signatures which are the names of registered voters of the town.

SECTION 3. If the total recall petition sheets shall be found and certified by the board of registrars of voters of the town of Monterey to be sufficient, the certified petition shall be submitted forthwith with the certificate of the town clerk to the select board. The select board shall give written notice of the receipt of the petition to the officer sought to be recalled. If the officer does not resign within 5 days of the date notice is given by the select board, then the select board shall promptly order an election to be held on a date fixed by the select board which is not less than 60 nor more than 90 days after receipt of the certified petition. However, if any other town election is scheduled to occur within 100 days after the date of receipt of the certified petition, the select board may postpone the holding of the recall election to the date of the other election and may include the question of recall on the ballot for that other election.

SECTION 4. An officer sought to be recalled may be a candidate to succeed the officer in an election to be held to fill the vacancy.  The nomination of  candidates, the publication of the warrant for the recall election and the conduct of the nomination and publication, shall be in accordance with the law relating to elections, unless otherwise provided in this act. A majority of those voting at the recall election shall be sufficient to recall and remove such elected officer.

SECTION 5. The incumbent shall continue to perform the duties of the office until the recall election. If the incumbent is not recalled, the incumbent shall continue in office  for the remainder of the unexpired term, subject to recall as before, except as provided in this act. If not re-elected in the recall election, the incumbent shall be considered removed from office immediately and the office vacant. No recall petition may be filed against an officer within the first 6  months of  their term of office or within 6  months of a recall election wherein the officer was not recalled and removed.

SECTION 6. Ballots used in a recall election in the town of Monterey shall contain the following propositions:

FOR the recall of (name of officer) ________

AGAINST the recall of (name of officer) ________

Next to each proposition there shall be a place to mark a vote. Under the propositions shall appear the word "Candidates" and the direction "Vote for One", and beneath this the names of candidates nominated as herein before provided. Next to the name of each candidate shall be a place to mark a vote.

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 the votes on the question is in the negative, the ballots for candidates to fill the potential vacancy need not be counted, nor any action taken relative thereto.