FILED ON: 10/23/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2969

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 providing for recall elections in the town of Manchester-by-the-Sea.

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 office elected solely by the voters of the town of Manchester-by-the-Sea may be recalled and removed from the office by the registered voters of the town for lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance or violation of oath pursuant to this act.

SECTION 2. Not less than 200 registered voters of the town of Manchester-by-the-Sea may initiate a recall by filing with the town clerk an affidavit of intent to recall, signed under the penalties of perjury, containing the name of the officer and the office held whose recall is sought and a statement of the grounds of recall, including specific facts supporting at least 1 of the reasons specified in section 1. The town clerk shall immediately forward the recall affidavit to the board of registrars of voters to verify the signatures.

SECTION 3. The board of registrars of voters shall certify to the town clerk a sufficient number of signatures within 14 calendar days of receipt of the initial recall affidavit. The town clerk shall, within 3 business days thereafter, deliver to the first 10 registered voters who signed the initial recall affidavit a formal numbered printed recall petition sheet with the town clerk’s signature and official seal attached thereto. The blank recall petition sheet shall be: (i) dated and addressed to the select board; (ii) contain the name of the officer sought to be recalled, the office from which recall is sought and the grounds for recall as stated in the initial recall affidavit, including specific facts supporting at least 1 of the reasons specified in section 1; and (iii) demand the election of a successor to the office. The names of the first 10 registered voters who signed the initial recall affidavit shall be listed above the voter signature lines and any instructions to signers. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk.

SECTION 4. The recall petition shall be returned and filed with the town clerk and the board of registrars of voters, not later than 5:00 P.M. 30 calendar days following the date of delivery of the recall petition sheet or the next business day, if the thirtieth day falls on a Saturday, Sunday or legal holiday. The clerk shall notify the first 10 registered voters who signed the initial recall affidavit of the final date and hour for filing. The recall petition sheet shall be signed by not less than 20 per cent of the registered voters of the town of Manchester-by-the-Sea as of the last annual town election and every signature shall include the place of residence of the signer with the street and number. Within 5 business days following the receipt of the signed recall petition sheet, the town clerk shall submit the recall petition sheet to the board of registrars of voters, and the board of registrars of voters shall certify in writing thereon the number of signatures that are names of registered voters in the town as of the date the petition sheet was filed with the town clerk.

SECTION 5. If the recall petition sheet is found and certified by the board of registrars of voters to be sufficient, the town clerk shall submit the certified recall petition sheet to the select board within 2 business days. The select board shall immediately, and in not more than 5 business days, give written notice of the receipt of the certified recall petition sheet to the officer sought to be recalled. If the officer sought to be recalled does not resign within 3 business days, the select board shall, within 5 business days of the last day upon which the officer must resign under this section, order a recall election to be held not less than 64 days nor more than 90 calendar days from the date of the vote scheduling the recall election; provided, however, that if any other town election is scheduled to occur within 100 calendar days after the date of the vote, the select board may, in its discretion, place the question of recall on the ballot at such other election. If a vacancy occurs in the office sought to be recalled after a recall election has been ordered, but the recall election has not yet been conducted, the election shall nevertheless proceed as provided in this act.

SECTION 6. An officer sought to be recalled may be a candidate to succeed themself in an election to be held to fill the vacancy. The nomination of all candidates, the publication of the warrant for the recall election and the conduct of the nomination and publication shall be in an accordance with the law relating to elections.

SECTION 7. The incumbent shall continue to perform the duties of the office until the recall election unless the incumbent resigns. If the incumbent is not recalled, the incumbent shall remain in office for the remainder of the incumbent’s unexpired term, subject to recall as before. If recalled in the recall election, the incumbent shall be considered removed from office immediately. The successor, upon qualification, shall hold office during the unexpired term; provided, however, that if such person is not qualified within 10 business days of the recall election, the position shall be deemed vacant and may be filled in accordance with applicable law.

SECTION 8. Ballots used in a recall election shall contain the following proposition:

“Shall (insert name and office) be recalled from office?”

Immediately to the right of the proposition, there shall be a designated place for the voters to vote for or against the proposition.

Under the proposition shall appear the word “Candidates” with directions to the voters as required by section 42 of chapter 54 of the General Laws, and beneath this, listed alphabetically, shall appear the names of the candidates nominated as provided by law.

If a majority of the votes cast on the recall question is in favor of the recall, the officer shall be recalled and the ballots for candidates shall be counted. The candidate who received the highest number of votes shall be elected to the office. If a majority of the votes cast on the recall question is against the recall, the ballots for candidates to fill the potential vacancy need not be counted.

SECTION 9. An initial recall affidavit shall not be filed against an elected official within 3 months after the official has taken office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 3 months have elapsed after the election that the recall was submitted to the voters.

SECTION 10. A person who has been recalled from office or who has resigned from office after the recall petition sheet has been filed with the select board shall not be appointed to any town office, board or committee within 3 years after the recall or resignation.

SECTION 11. This act shall take effect upon its passage.