The regular general City election shall be held on the first
Tuesday following the first Monday in November in each odd-numbered
year.
On the sixth Tuesday preceding every regular general City election
there shall be a preliminary election for the purpose of nominating
candidates.
All elections for City offices shall be nonpartisan and election
ballots shall be printed without any party mark, emblem, or other
designation whatsoever.
(a)
Signature requirements - The number of signatures of voters required
to place the name of a candidate on the official ballot to be used
at a preliminary election shall be as follows: for the office of Mayor
not less than 100 such signatures; provided, however, that not more
than 25 signatures from any one ward shall be counted in the minimum
number of required signatures; for the office of Councillor-at-Large
not less than 100 such signatures; provided, however, that not more
than 25 signatures from any one ward shall be counted in the minimum
number of required signatures; for the office of Ward Councillor not
less than 50 such signatures, all of which shall be from the ward
from which the nomination is sought.
(b)
Ballot position - The order in which names of candidates appear on
the ballot for each office shall be determined by a drawing, by lot,
conducted by the City Clerk, which shall be open to the public.
(c)
Determination of candidates - The two persons receiving at a preliminary
election the highest number of votes for nomination for any office
shall be the sole candidates for that office whose names shall be
printed on the official ballots to be used at the regular general
City election at which such office is to be voted upon, and no acceptance
of a nomination shall be necessary to its validity. If two or more
persons are to be elected to the same office at such regular election,
the several persons, in number equal to twice the number so to be
elected, receiving at such preliminary election the highest number
of votes for nomination for that office shall be the sole candidates
for that office whose names shall be printed on the official ballots.
If the preliminary election results in a tie vote among candidates
for nomination receiving the lowest number of votes which, but for
said tie vote, would entitle a person receiving the same to have his
name printed on the official ballots for the election, all candidates
participating in said tie vote shall have their names printed on the
official ballots, although in consequence thereof there be printed
on such ballots the names of candidates exceeding twice the number
to be elected.
(d)
Condition making preliminary unnecessary - If at the expiration of
time for filing statements of candidates to be voted upon at any preliminary
election not more than twice as many such statements have been filed
with the City Clerk for an office as candidates are to be elected
to such office, the candidates whose statements have been filed with
the City Clerk shall be deemed to have been nominated to such office,
and their names shall be voted upon for such office at the succeeding
general election, and the City Clerk shall not print their names on
the ballots to be used at said preliminary election and no other nomination
to such office shall be made. If in consequence it shall appear that
no names are to be printed upon the official ballots to be used in
any particular ward or wards of the City, no preliminary election
shall be held in such ward or wards.
The order in which names of candidates appear on the ballot
for each office shall be determined by a drawing, by lot, conducted
by the City Clerk, which shall be open to the public.
The territory of the City shall be divided into six wards so
established as to consist of compact and contiguous territory, bounded
insofar as possible by the center line of known streets or ways or
by other well-defined limits. Each such ward shall be composed of
voting precincts otherwise established in accordance with general
laws. The City Council shall from time to time, but at least once
in each 10 years, review such wards to insure their uniformity in
number of inhabitants.
Except as expressly provided in this Charter and authorized
by law, all City elections shall be governed by the laws of the commonwealth
relating to the right to vote, the registration of voters, the nomination
of candidates, the conduct of preliminary, general and special elections,
the submission of charters, charter amendments and other propositions
to the voters, the counting of votes, the recounting of votes, and
the determination of results.
The City Council or the School Committee shall hold a public
hearing and act with respect to every petition which is addressed
to it, which is signed by 100 voters, or more, and which seeks the
passage of a measure. The hearing shall be held by the City Council
or the School Committee, or, in either case, by a committee or subcommittee
thereof, and the action by the City Council or the School Committee
shall be taken not later than three months after the petition is filed
with the Clerk of the Council or the Secretary of the School Committee
as may be appropriate. Hearings on two or more petitions filed under
this section may be held at the same time and place. The Clerk of
the Council or the Secretary of the School Committee shall mail notice
of the hearing to the 10 persons whose names appear first on the petition
at least 48 hours before the hearing. Notice, by publication, of all
such hearings shall be at public expense.
(a)
Commencement - Initiative procedures shall be started by the filing
of an initiative petition with the Clerk of the Council or the Secretary
of the School Committee, as the case may be. The petition shall be
addressed to the City Council or to the School Committee, shall contain
a request for the passage of a particular measure which shall be set
forth in full in the petition, and shall be signed by at least 10%
of the total number of voters as of the date of the most recent City
election. Signatures to an initiative petition need not all be on
one paper, but all such papers pertaining to any one measure shall
be fastened together and shall be filed as a single instrument, with
the endorsement thereon of the name and residence address of the person
designated as filing the same. With each signature on the petition
there shall also appear the street and number of the residence of
each signer.
Within 10 days following the filing of the petition, the Board
of Registrars of Voters shall ascertain by what number of voters the
petition has been signed, and what percentage that number is of the
total number of voters as of the date of the most recent City election.
The City Clerk shall attach to the petition a certificate showing
the results of their examination and shall return the petition to
the Clerk of the Council or the Secretary of the School Committee
according to how the petition is addressed. A copy of the Board of
Registrars of Voters' certificate shall also be mailed to the person
designated upon such petition as having filed the same.
(b)
Referral to City Solicitor - If the Board of Registrars of Voters
determines that a petition has been signed by a sufficient number
of voters, the Clerk of the Council or the Secretary of the School
Committee, as the case may be, shall forthwith following receipt of
such certificate deliver a copy of the petition to the City Solicitor.
The City Solicitor shall, within 15 days following receipt of a copy
of the petition, in writing, advise the City Council or the School
Committee, as may be appropriate, whether the measure as proposed
may lawfully be proposed by the initiative process and whether, in
its present form, it may be lawfully adopted by the City Council or
the School Committee. If the opinion of the City Solicitor is that
the measure is not in proper form, the reply shall state the reasons
for such opinion, in full. A copy of the opinion of the City Solicitor
shall also be mailed to the person designated on the petition as having
filed the same.
(c)
Action on petitions - Within 30 days following the date a petition has been returned to the Clerk of the Council or the Secretary of the School Committee by the City Solicitor and after publication in accordance with the provisions of Section 2-9(c), the City Council or the School Committee shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure which is in lieu of an initiative measure shall be deemed to be a rejection of the initiative measure. If the City Council or the School Committee fails to act with respect to any initiative measure which is presented to it within 30 days following the date it is returned to it by the City Solicitor, the measure shall be deemed to have been rejected on such 30th day. If an initiative measure is rejected, the Clerk of the Council or the Secretary of the School Committee shall promptly give notice of that fact to the person designated on the petition as having filed the same, by certified mail.
(d)
Supplementary petitions - Within 45 days following the date an initiative
petition has been rejected, a supplemental initiative petition may
be filed with the Clerk of the Council or the Secretary of the School
Committee. The supplemental initiative petition shall be signed by
a number of additional voters which is equal to 5% of the total number
of voters as of the date of the most recent City election. If the
number of signatures to such supplemental petition is found to be
sufficient by the City Clerk, the City Council shall call a special
election to be held on a date fixed by it not less than 45 days nor
more than 90 days following the date of the certificate of the City
Clerk that a sufficient number of voters have signed the supplemental
initiative petition and shall submit the proposed measure, without
alteration, to the voters for determination; provided, however, if
any other City election is to be held within 120 days following the
date of the said certificate, the City Council may omit the calling
of such special election and cause said question to appear on the
election ballot at such approaching election for determination by
the voters.
(e)
Publication - The full text of any initiative measure which is submitted
to the voters shall be published in a local newspaper not less than
seven days nor more than 14 days preceding the date of the election
at which such question is to be voted upon. Additional copies of the
full text shall be available for distribution to the public in the
office of the City Clerk.
(f)
Form of question - The ballots used when voting on a measure proposed
by the voters under this section shall contain a question in substantially
the following form:
Shall the following measure which was proposed by voters in
an initiative petition take effect? (Here insert the full text of
the proposed measure, or a fair, concise summary prepared by the petitioners,
and approved by the City Solicitor.)
 YES |
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|
NO |
(g)
Time of taking effect - If a majority of the votes cast on the question
is in the affirmative, the measure shall be deemed to be effective
forthwith, unless a later date is specified in such measure; provided,
however, that no such measure shall be deemed to be adopted if fewer
than 20% of the total number of voters have voted to adopt the measure
proposed under the initiative or to rescind the measure protested
by the referendum.
(a)
Petition, effect on final vote - If, within 20 days following the
date on which the City Council or the School Committee has voted finally
to approve of any measure, a petition signed by a number of voters
equal to 12% of the total number of voters as of the date of the most
recent general City election and addressed to the City Council, or
to the School Committee as may be, protesting against the measure
or any part thereof is filed with the Secretary of the School Committee
or Clerk of the Council, the effective date of such measure shall
be temporarily suspended. The School Committee or the City Council
shall forthwith reconsider its vote on such measure or part thereof,
and if such measure is not rescinded, the City Council shall provide
for the submission of the question for a determination by the voters
either at a special election, which it may call at its convenience,
or within such time as may be requested by the School Committee, or
at the next regular City election, but pending such submission and
determination, the effect of such measure shall continue to be suspended.
(b)
Certain initiative provisions to apply - The petition described in this section shall be termed a referendum petition and, insofar as applicable, Section 7-8(a), (b), (c) and (f) shall apply to such referendum petitions, except that the words "measure or part thereof protested against" shall be deemed to replace the word "measure" in said sections wherever it may occur and the word "referendum" shall be deemed to replace the word "initiative" wherever it may occur in said sections.
None of the following shall be subject to the initiative or
the referendum procedures:
(1)
Proceedings relating to the internal organization or operation of
the City Council or of the School Committee;
(2)
An emergency measure adopted in conformity with the Charter;
(3)
The City budget or the School Committee budget as a whole;
(4)
Revenue loan orders;
(5)
Any appropriation for the payment of the City's debt or debt service;
(6)
An appropriation of funds to implement a collective bargaining agreement;
(7)
Proceedings relating to the election, appointment, removal, discharge,
employment, promotion, transfer, demotion, or other personnel action;
(8)
Any proceedings repealing or rescinding a measure or part thereof
which is protested by referendum procedures; and
(9)
Any proceedings providing for the submission or referral to the voters
at an election.
The City Council may of its own motion, and shall at the request
of the School Committee if a measure originates with that body and
pertains to affairs under its jurisdiction, submit to the voters at
any regular City election for adoption or rejection any measure in
the same manner and with the same force and effect as are hereby provided
for submission by petitions of voters.
If two or more measures passed at the same election contain
conflicting provisions, only the one receiving the greatest number
of affirmative votes shall take effect.
(a)
Application - Any person holding an elected City office may be recalled
from such office by the voters in accordance with the procedures made
available in this section.
(b)
Recall petition.
(1)
Office elected by voters at large - Four hundred or more voters
may file with the Board of Registrars of Voters an affidavit containing
the name of the officer sought to be recalled and a statement of the
grounds for recall. The signatures on such affidavit shall contain
the names of at least 60 voters in each of the wards into which the
City is divided for the purpose of elections.
(2)
Office elected by voters by ward - One hundred or more voters
may file with the Board of Registrars of Voters an affidavit containing
the name of the officer sought to be recalled and a statement of the
grounds for recall. The signatures on such affidavit shall contain
the names only of voters in the ward from which the officer was elected.
(3)
At large, or by ward - If the affidavit is found to be valid,
the City Clerk shall thereupon deliver to the first 10 persons named
on said affidavit, petition blanks demanding said recall, printed
forms of which shall be kept available. The blanks may be completed
by printing or by typewriting; they shall be addressed to the City
Council; they shall contain the names and residence addresses of the
10 persons to whom they are issued and they shall contain the grounds
for recall as stated in the affidavit; they shall demand the election
of a successor to the office; and they shall be dated and signed by
the City Clerk.
The recall petitions shall be returned to the office of the
Board of Registrars of Voters within 21 days following the date they
are issued, signed by not less than 20% of the total number of voters
(of the ward or of the City as is appropriate) as of the date of the
most recent City election.
The sheets constituting a petition need not all be filed at
the same time. For the purposes of this section, such a petition shall
be deemed filed whenever the persons responsible for its filing notify
the Board of Registrars of Voters, in writing, that the filing is
complete. Before receiving such notice, the Board of Registrars of
Voters may, but shall not be required to, certify signatures on the
sheets already filed.
The Board of Registrars of Voters shall, within 10 days following
the date the petition forms are filed, certify the number of signatures
thereon which are the names of voters and the percentage that number
represents of the total number of voters as of the date of the most
recent City election.
(c)
Recall election - If the petitions are certified by the Board of
Registrars of Voters to contain a sufficient number of signatures,
they shall forthwith submit the same, with their certificate, to the
City Council. Upon receipt of the certified petition forms, the City
Council shall forthwith give written notice to the officer whose recall
is sought of the validity of such petitions. If the officer whose
recall is sought does not resign the office within five days following
delivery of the said notice, or by leaving at the last known place
of residence, the City Council shall order a special election to be
held on a date fixed by it not less than 35 days nor more than 90
days after the date of its notice to the officer whose recall is sought.
(d)
Ballot question - Ballots used at the recall election shall state
the proposition in substantially the following form: "Shall (insert
name of officer) be recalled from the office of (insert name of office
held)?"
|
YES |
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|
NO |
(e)
Officeholder - The person whose recall is sought shall continue to hold the office and to perform the duties until the recall election. If a majority of the votes cast on the question as stated above is in the affirmative, the officer shall be deemed to be recalled and the office shall be deemed to be vacant upon the certification of the election results. If a majority of the votes cast on the said question is in the negative, the person whose recall was sought shall continue in the office until the expiration of the term for which elected, but subject to recall as provided in Section 7-13(f), below.
(f)
Restriction on recall petition - No recall petition shall be filed
against any officer until at least six months following the commencement
of a term of office, nor, in the case of an officer subjected to a
recall election and not recalled thereby, during the remainder of
the current term of office. A recall election shall not be held if
less than six months of the term of office of the person whose recall
is sought remain at the time of the certification of the petition
forms.
(g)
Filling of vacancy - If the Office of Mayor is declared vacant as
the result of a recall election, the City Council shall forthwith
call a special election to be held on a date fixed by it not less
than 60 days nor more than 90 days following the date of the recall
election. The person elected at such special election shall serve
for the balance of the unexpired term remaining at the time of election.
Vacancies in any other office shall be filled in accordance with the procedures for filling the same as provided in Section 2-11 and Section 4-1(f)
No person recalled from an office under the terms of this section
shall be eligible to be a candidate to fill any vacancy created by
such recall.
