SENATE DOCKET, NO. 3216        FILED ON: 5/1/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2762

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward J. Kennedy

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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 vacancies on the city of Lowell city council and school committee.

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PETITION OF:

SENATE DOCKET, NO. 3216        FILED ON: 5/1/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2762

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 vacancies on the city of Lowell city council and school committee.

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. Notwithstanding any general, session, or special law or rule or regulation to the contrary, the filling of vacancies on the Lowell City Council and the Lowell School Committee shall be subject to the following provisions:

(a) If a vacancy occurs in the office of any city councilor or school committee member during the first twelve months of the term for which city councilors or school committee members are elected, the vacancy shall be filled by a special election held not less than sixty days, but not more than one hundred twenty days, after the date the special election is called. If said special election is held to fill a district-based seat, the person elected to serve as city councilor or school committee member must have been a resident of the district for at least one year immediately preceding the special election.

(b) If a vacancy occurs in the office of any city councilor during the second twelve months of the term for which city councilors are elected, the city council may, by a vote of not less than six (6) councilors: (i) fill the vacancy through a special election held not less than sixty days, but not more than one hundred twenty days, after the date the special election is called. If said special election is held to fill a district-based seat, the person elected to serve as city councilor must have been a resident of the district for at least one year immediately preceding the special election; (ii) appoint an eligible voter to fill the vacancy. If the council votes to appoint an eligible voter to fill the vacancy, the council shall appoint said eligible voter within thirty days after the seat became vacant. Provided, however, any eligible voter appointed to fill a district based seat must have been a resident of the district for at least one year immediately preceding their appointment; or (iii) leave the seat vacant for the remainder of the term.

(c) If a vacancy occurs in the office of any school committee member during the second twelve months of the term for which school committee members are elected, the school committee may, by a vote of not less than four (4) members: (i) fill the vacancy through a special election held not less than sixty days, but not more than one hundred twenty days, after the date the special election is called. If said special election is held to fill a district-based seat, the person elected to serve as school committee member must have been a resident of the district for at least one year immediately preceding the special election; (ii) appoint an eligible voter to fill the vacancy. If the school committee votes to appoint an eligible voter to fill the vacancy, the school committee shall appoint said eligible voter within thirty days after the seat became vacant. Provided, however, any eligible voter appointed to fill a district-based seat must have been a resident of the district for at least one year immediately preceding their appointment; or (iii) leave the seat vacant for the remainder of the term.

(d) A city councilor or school committee member elected by special election pursuant to the provisions of paragraphs (a), (b), or (c) shall be entitled to have the words “candidate for reelection” printed against that person’s name on the ballot at the next regular municipal election.

(e) A city councilor or school committee member appointed by the city council or school committee pursuant to the provisions of paragraphs (b) or (c) shall not be entitled to have the words “candidate for reelection” printed against that person’s name on the ballot at the next election; provided, however, said councilor shall be entitled to have the word “incumbent” printed against that person’s name on the ballot at the next regular municipal election.

SECTION 2. This act shall become effective upon its passage.