Budget Amendment ID: FY2013-S4-143

GOV 143

Changes to Post-Primary Dates in 2012

Mr. Kennedy moved that the proposed new text be amended by inserting, after section ___, the following new section:

"SECTION 1.  Notwithstanding the provisions of section 3 of chapter 53 of the General Laws or any other special or general law to the contrary, a person whose name is not printed on the September 6, 2012, state primary ballot as a candidate for an office, but who receives sufficient votes to nominate him therefore, shall file in the office of the state secretary a written acceptance of said nomination and a receipt from the state ethics commission verifying the fact that a statement of financial interest has been filed under chapter two hundred and sixty eight B no later than 5:00 pm on Monday, September 10, 2012.

SECTION 2. Notwithstanding the provisions of sections 11, 13 and 53A of chapter 53 and section 5 of chapter 55B of the General Laws or any other special or general law to the contrary, objections to and withdrawals from nominations made at the September 6, 2012, state primary shall be filed with the state secretary no later than 5:00 p.m. on Monday, September 10, 2012.

SECTION 3. Notwithstanding the provisions of section 14 of chapter 53 or any other special or general law to the contrary, any vacancies from the September 6, 2012 state primary caused by death, withdrawal or ineligibility in accordance with Section 2, shall be filled by an executive committee, determined by the state party committee, of the same political party who made the original nomination.

SECTION 4. Notwithstanding the provisions of section 15 of chapter 53 of the General Laws or any other special or general law to the contrary, when a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate from the September 6, 2012, state primary, the certificate of nomination shall be on a form prescribed by the state secretary, shall be signed by the executive committee appointed by the state committee of the same political party as provided for in Section 3, and shall be filed with the state secretary no later than 5:00 pm on Wednesday, September 12, 2012.

SECTION 5.  Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, a petition for a recount of the September 6, 2012 state primary shall be filed with the appropriate local election official no later than 5:00 pm on September 10, 2012 and all recounts must be completed and notice of the results sent to the state secretary no later than 5:00 pm on September 13, 2012.

SECTION 6.  Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, petitions for district wide and statewide recounts of the September 6, 2012 state primary shall be submitted to the appropriate local election officials for certification no later than 12:00 pm on September 10, 2012 and local election officials must complete certification no later than 5:00 pm on September 10, 2012. Thereafter, certified petitions must be filed with the secretary of state no later than 5:00 pm on September 11, 2012.  If the state secretary determines that the contest is eligible for a statewide or district wide recount, he shall notify the local election officials who must complete such recounts and notify the state secretary of the results of the recount no later than 5:00 pm on September 14, 2012.

SECTION 7.  Notwithstanding the provisions of sections 8, 9 and 10 of chapter 55B of the General Laws or any other special or general law to the contrary, the state ballot law commission shall notify candidates of any objections filed to nominations at the September 6, 2012 state primary no later than 5:00 pm on September 11, 2012 and hearing on objections shall be held on September 13, 2012 and decisions rendered no later than 5:00 pm on September 14, 2012.

SECTION 8.  Notwithstanding any general or special law to the contrary, the state secretary shall have the authority to add or change any dates relating to the nominations made at the September 6, 2012 state primary he deems necessary for the orderly administration of the November 6, 2012 election by providing notice of such change to the state parties and any affected person, by filing notice with the Rules and Regulations Division, by posting on his website and by whatever other means he deems appropriate.

SECTION 9.  This act shall take effect upon its passage.".