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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE SECRETARY OF STATE TO PLACE QUESTIONS OF RECALL ON THE STATE ELECTION BALLOT IN THE TOWN OF STOUGHTON.

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 state secretary shall print on the official state election ballot for the town of Stoughton 2 questions of recall, in accordance with the relevant provision of section 9 of the Stoughton town charter. Such questions shall appear on the official state election ballot below all other candidates and questions required by law to be included on such ballot, and shall take the following form:-

For the recall of (name of officer)

Against the recall of (name of officer)

(Under the proposition shall appear the word "Candidates" and the

direction "Vote for one") and beneath this the names of

the candidate(s).)

SECTION 2. Notwithstanding section 7 of chapter 53 of the General Laws or any other general or special law or charter provision to the contrary, nomination papers for the offices sought to be recalled pursuant to section 1 shall be filed with the board of registrars of the town of Stoughton not later than 5:00 P.M. on September 7, 2004, for certification of signatures.

SECTION 3. Notwithstanding any general or special law or charter provision to the contrary, the registrars of the town of Stoughton shall complete certification of signatures on such nomination papers not later than 4:00 P.M. on September 8, 2004.

SECTION 4. Notwithstanding section 10 of chapter 53 of the General Laws, or any other general or special law or charter provision to the contrary, certified nomination papers shall be filed with the town clerk not later than 5:00 P.M. on September 8, 2004.

SECTION 5. Notwithstanding section 11 of chapter 53 of the General Laws, or any other general or special law or charter provision to the contrary, candidates who have filed nomination papers to fill the vacancy in the office of board of selectmen may withdraw their nomination by filing a notarized withdrawal not later than 5:00 P.M. on September 10, 2004.

SECTION 6. The Stoughton town clerk shall certify to the state secretary not later than 5:00 P.M. on September 13, 2004 a list of candidates for the offices sought to be recalled for each question of recall, with addresses, in the order in which such candidates are to appear on the ballot.

SECTION 7. If this act is not in effect on September 3, 2004, sections 1 to 6, inclusive, shall not apply; instead, a special recall election shall be held in the town of Stoughton on November 2, 2004, separate from the state election, or on a later date if the selectmen specify such later date by vote at a special meeting of the board held forthwith after the effective date of this act:-

If a special recall election is held on November 2, 2004, all nomination papers for the special recall election filed with the board of registrars prior to or after September 3, 2004, and prior to September 14, 2004 at 5:00 P.M., shall be deemed validly submitted for such election;

If the election is held on a later date specified by the board of selectmen in accordance with this section, all nomination papers filed with the board of registrars prior to or after September 3, 2004, and prior to 5:00 P.M. on the 49th day preceding such later special election, shall be deemed validly submitted for such election;

The certification of signatures on nomination papers and the holding of the special recall election as authorized by this section shall be in accordance with laws relating to elections, except as otherwise provided in this act.

SECTION 8. This act shall take effect upon its passage.

Approved August 27, 2004.