FILED ON: 12/19/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5435

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 preliminary election dates and filling vacancies in the offices of Mayor and Councillor in the city of Salem.

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 first sentence of section 1 of chapter 445 of the acts of 1960 is hereby amended by striking out the words “On the third Tuesday” and inserting in place thereof the following words:- On a Tuesday no less than 6 weeks but no more than 8 weeks.

SECTI0N 2. The second sentence of section 2 of said chapter 445 is hereby amended by striking out the words “unless he shall” and inserting in place thereof the following words:- unless they shall.

SECTION 3. Section 3 of said chapter 445 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any person who is qualified to vote at any regular or special municipal election in said city for a candidate for any elective municipal office in said city, and who is a candidate for nomination thereto, shall be entitled to have their name as such candidate printed on the official ballot to be used at a preliminary election for nomination therefor; provided, that if they are a candidate to be voted for in a single ward they shall be a registered voter in the ward wherein they are a candidate, and provided, further, that on or before 5 o 'clock in the afternoon of the sixth Tuesday preceding such preliminary municipal election there shall be submitted to the board of registrars of voters a nomination paper prepared and issued by the city clerk, wherein the candidate sets forth in writing their candidacy, and wherein the petition is signed in person by at least 25, or, in case of a candidate for the office of mayor and other offices, by at least 100, voters of the city qualified to vote for a candidate for the said office, whose signatures are certified as hereinafter provided.

SECTION 4. The second paragraph of said section 3 of said chapter 445 is hereby further amended by striking out, the words “nineteen hundred” wherever they appear.

SECTION 5. Said second paragraph of said section 3 of said chapter 445 is hereby further amended by striking out the words “we believe him to” and inserting in place thereof the following words:- we believe they are.

SECTION 6. The third sentence of section 4 of said chapter 445 is hereby amended by striking out the words “regular or special municipal election” and inserting in place thereof the following words:- preliminary election.

SECTION 7. Said chapter 445 is hereby further amended by striking out section 5 and insert in place thereof the following section:-             

SECTION 5. On the first day, other than a legal holiday, following the expiration of the time for filing the above described nomination papers with the city clerk, the city clerk shall post in a conspicuous place in their office the names and residences of the candidates for nomination who have duly qualified as such, as they are to appear on the official ballots to be used at the preliminary election, except as to the order of the names, which shall be drawn by lot by the city clerk within 72 hours succeeding 5 o'clock in the afternoon of the last day fixed for filing the nomination papers with the city clerk, and the city clerk shall cause the ballots, which shall contain said names in their order as drawn by the clerk, and no others, with a designation of residence, and of the office and term of office, to be printed, and the ballots so printed shall be official and no others shall be used at the preliminary election. At any drawing for position on the ballot, each candidate shall have an opportunity to be present in person or by 1 representative. There shall be left at the end of the list of candidates for nomination for each office blank spaces equal in number to the number of persons to be nominated therefor, in which spaces the voter may insert the name of any person not printed on the ballot for whom they desire to vote for nomination for such office, but the name of such person shall not be printed on the official ballot to be voted for at any regular or special municipal election in said city unless such person is qualified to be nominated under section 3. There shall be printed on such ballots such directions as will aid the voter, as, for example: "vote for one", "vote for two", and the like, and the ballots shall be headed substantially as follows:-

OFFICIAL PRELIMINARY BALLOT.

Candidates for nomination for the offices of (name of offices) in the city of Salem at a preliminary election to be held on the                          day of                    , the year                .

At the top of each ballot shall be printed the words ''Official Ballot for preliminary Election'' followed by the designation of the ward for which the ballot is prepared, the date of the preliminary election and a facsimile of the signature of the city clerk.

SECTION 8. Section 6 of said chapter 445 is hereby amended by striking out the words “or anything showing how he was nominated or indicating his views or opinion”  and inserting in place thereof the following words:- or anything showing how they were nominated or indicating their views or opinions.

SECTION 9. Section 7 of said chapter 445 is hereby amended by striking out the words “in his office” and inserting in place thereof the following words:- in their office.

SECTION 10. Section 8 of said chapter 445 is hereby amended by striking out the words “If any person receives at a preliminary election a majority of all the votes cast for the office for nomination to which he was were a candidate, he shall be deemed and declared elected thereto; provided, that at said election at least eighty per cent of the total registered vote of the city, or, in the case of a ward councilor, of the ward, shall be cast; otherwise the” and inserting in place thereof the following word:- The.

SECTION 11. The second sentence of said section 8 of said chapter 445 is hereby amended by striking out the words “his name printed” and inserting in place thereof the following words:- their name printed.

SECTION 12. The first sentence of section 9 of said chapter 445 is hereby amended by striking out the words “filed with him” and inserting in place thereof the following words:- filed with the city clerk.

SECTION 13. The charter of the city of Salem, which is on file in the office of the archivist of the commonwealth, as provided by section 12 of chapter 43B of the General Laws, is hereby amended by striking out section 59A and inserting in place thereof the following section:-

A. Mayor – Vacancies in the office of Mayor.

If a vacancy occurs in the office of mayor by death, removal or resignation during the first to 36 months, inclusive, of the term ending on December 31 for which the mayor was elected, the city clerk shall forthwith order an election to fill such vacancy for the remainder of the unexpired term. Such election may be held at the time of the regular municipal election so long as the vacancy does not occur more than six months prior to the regular municipal election. The city council shall hold a meeting to elect, by majority vote, one of its members as acting mayor until a candidate for mayor is elected and the election results are certified. If the city council fails to elect a member at said meeting or within 30 days thereafter, the president of the city council shall become acting mayor, shall exercise all the rights and powers of mayor and shall be sworn to the faithful discharge of the mayor's duties. The candidate for mayor elected at such election shall take office immediately upon the certification of the results of the election. Unless a councillor serving as acting mayor under this section formally resigns, the councillor shall, upon the election and qualification of a successor mayor, resume their service as a councllor in the capacity to which they were elected and shall serve for the remainder of the unexpired term.

If a vacancy occurs during the thirty-seventh month beginning January 1 through the end of the term for which the mayor was elected, a meeting shall be held by the city council to elect, by majority vote, one of its members as acting mayor for the remainder of the unexpired term. If the city council fails to elect a member at said meeting or within 30 days thereafter, the president of the city council shall become acting mayor, shall exercise all the rights and powers of mayor and shall be sworn to the faithful discharge of the mayor's duties. Provided, however, that a councillor serving as mayor under this section shall be considered an incumbent councillor for election-related purposes.

B. Councillor – Vacancy arising in the office of City Councillor.

If a vacancy occurs at any time in the office of a councillor elected by and from the qualified voters of the city, such vacancy shall be filled forthwith by a majority vote of all the remaining members of the city council for the remainder of the unexpired term.

If a vacancy occurs, before the last six months of the term, in the office of a councillor elected by and from the voters of a ward, the city council shall forthwith order an election to fill such vacancy for the remainder of the unexpired term.

A councillor selected to fill an unexpired term under the provisions of this section shall not be considered an elected incumbent for election-related purposes.

When a councillor is serving as acting mayor under subsection A of this section, so as to facilitate the continued orderly administration and operations of the city, the required quantum of vote for council action shall be calculated based upon a ten-member body.

SECTION 14. This act shall take effect upon its passage.