HOUSE DOCKET, NO. 5019        FILED ON: 4/1/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4551

The Commonwealth of Massachusetts

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PRESENTED BY:

Jessica Ann Giannino

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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 the filling of vacancies in the office of mayor of the city of Revere.

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PETITION OF:

HOUSE DOCKET, NO. 5019        FILED ON: 4/1/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4551

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the filling of vacancies in the office of mayor of the city of Revere.

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.  Chapter 22 of the Acts of 2011 is hereby repealed.

Section 2.  Section 1 of Chapter 147 of the Acts of 2004 is hereby repealed and inserting in place thereof the following new Section 1.:

a)Notwithstanding section 59A of chapter 43 of the General Laws, if a vacancy occurs in the office of mayor of the city of Revere by death, removal, resignation, or otherwise, at any time during the first year, the first 6 months of the second year, the third year and the first 6 months of the fourth year of the mayor's term of office, the city clerk shall immediately order an election to fill the vacancy for the remainder of the unexpired term. A vacancy shall not be filled in the manner provided in this section if the vacancy occurs during the last 6 months of the term of office of mayor. If a vacancy occurs in the office of mayor within 6 months of the city's regular municipal election, in the second year of the mayor's term of office, the city clerk shall order an election to fill such vacancy for the remainder of the unexpired term at the city's regular municipal election.

b)The president of the city council shall perform the duties of mayor until a new mayor is elected and sworn to the faithful discharge of his duties. The president of the city council shall be called "acting mayor" and he shall possess the powers of mayor only in matters not admitting of delay.

c)The mayor-elect chosen at such election shall take office immediately upon the certification of the results of the election and shall be sworn to the faithful discharge of the mayor’s duties. 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 councillor in the capacity to which they were elected and shall serve for the remainder of the unexpired term.

d)Notwithstanding any general or special law to the contrary, there shall not be a preliminary election to fill the vacancy in the office of mayor.  Candidates seeking to fill the vacancy, whose nomination papers have been duly certified, shall be considered to have been nominated.