The regular general town election shall be held on the first
Tuesday following the first Monday in November in each odd numbered
year.
A preliminary election for the purpose of nominating candidates
shall be held on the third Tuesday in September in each odd numbered
year, provided, however the town clerk may, with the approval of the
town council, reschedule such election to the fourth Tuesday to avoid
a conflict with any civil or religious holiday. Whenever a special
election to fill a vacancy in the office of mayor is to be held, a
preliminary election shall be conducted twenty-eight days proceeding
the date established for such special election.
All elections for town offices shall be non-partisan 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 one hundred fifty
such signatures, provided, however, that at least twenty-five signatures
must be certified from each district; for the office of councillor-at-large
or school committee member, not less than one hundred fifty such signatures,
provided, however, that at least twenty-five signatures must be certified
from each district; for the office of district councillor not less
than one hundred such signatures, all of which shall be from the district
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 town 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 town 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 their
name printed on the official ballots for the election, all candidates
participating in said tie vote shall have their names printed an[1] the official ballots, although in consequence thereof
there be[2] 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 town clerk for an office
as candidates are to be elected to such office, the candidates whose
statements have been filed with the town 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 town
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 district
or districts of the town, no preliminary election shall be held in
such district or districts.
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 town clerk which drawing shall be open to the public.
The territory of the town shall be divided into six districts
so established as to consist of as nearly an equal number of inhabitants
as it is possible to achieve based on 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 district shall be
composed of voting precincts established in accordance with general
laws. The town council shall from time to time, but at least once
in each ten years, review such districts to insure their uniformity
in number of inhabitants.
Except as expressly provided in this charter and authorized
by law, all town 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.
(a)
Commencement - Initiative procedures
shall be started by the filing of a proposed 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 town 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 two hundred and fifty voters provided,
however, that at least twenty-five signatures must be certified from
each district. The petition shall be accompanied by an affidavit signed
by ten voters and containing their residential address stating they
will constitute the petitioners committee and be responsible for circulating
the petition and filing it in proper form.
(b)
Referral to Town Solicitor. - The clerk
of the council or the secretary of the school committee, as the case
may be, shall forthwith following receipt of each such proposed petition
deliver a copy of the petition to the town solicitor. The town solicitor
shall, within fifteen days following receipt of a copy of the petition,
in writing, advise the town 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 town council or the school committee. If
the opinion of the town 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 town solicitor shall also be mailed to
the person designated as clerk of the petitioners committee.
(c)
Submission to Town Clerk - If the opinion
of the town solicitor is that the petition is in a proper form the
town clerk shall provide blank forms for the use of subsequent signers,
and shall print at the top of each blank a fair, concise summary of
the proposed measure, as determined by the town solicitor, together
with the names and addresses of the first ten voters who signed the
originating petition. Within thirty days following the date the blank
forms are issued by the town clerk the petitions shall be returned
and filed with the town clerk signed by at least ten per cent of the
total number of voters as of the date of the most recent town 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 ten 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 town election.
The town 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 as clerk of the petitioners committee.
(d)
Action on Petitions - Within thirty
days following the date a petition has been returned to the clerk
of the council, or the secretary of the school committee, and after
publication in accordance with the provisions of section 3-9(c),[1] the town 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 town council or the school committee
fails to act with respect to any initiative measure which is presented
to it within thirty days following the date it is returned to it,
the measure shall be deemed to have been rejected on such thirtieth
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 as the clerk of the petitioners
committee, by certified mail.
(e)
Supplementary Petitions - Within sixty
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, but only by persons
constituting the original petitioners committee. The supplemental
initiative petition shall be signed by a number of additional voters
which is equal to five percent of the total number of voters as of
the date of the most recent town election, provided, however, the
signatures on the initial petition filed under sub-section (c), above,
and the signatures on the supplemental petition filed under this sub-section,
taken together, shall contain the signatures of at least fifteen percent
of the total number of voters in the town and in each of the districts
into which the town is divided for the purpose of elections. If the
number of signatures to such supplemental petition is found to be
sufficient by the town clerk, the town council shall call a special
election to be held on a date fixed by it not less than thirty nor
more than ninety days following the date of the certificate of the
town 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 town election is to be held within one hundred and twenty
days following the date of the said certificate, the town 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.
(f)
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 nor more than fourteen 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 town clerk.
(g)
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:
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Shall the following measure which was proposed by an initiative
petition take effect?
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(Here insert a fair, concise summary prepared by the petitioners,
and approved by the town solicitor.)
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YES
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NO
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(g)
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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.
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(a)
Petition, Effect on Final Vote - If,
within twenty-one days following the date on which the town council
or the school committee has voted finally to approve of any measure
a petition signed by a number of voters equal to fifteen percent of
the total number of voters as of the date of the most recent general
town election and addressed to the town 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 town council shall forthwith reconsider
its vote on such measure or part thereof, and, if such measure is
not rescinded the town 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
town 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 the provisions of section 7-7 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. The measure, or part thereof protested against, shall be null and void unless a majority of those voting on the question shall vote in favor of the measure or part thereof protested against at the election.
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 town council or of the school committee;
(2)
an emergency measure adopted in conformity with the charter;
(3)
the town budget or the school committee budget as a whole;
(4)
revenue loan orders;
(5)
any appropriation for the payment of the town'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;
(9)
any proceedings providing for the submission or referral to the voters
at an election; and
(10)
memorial resolutions and other votes constituting ordinary, routine
matters not suitable as the subject of a referendum petition.
The town 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 town 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 town 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 fifty voters in each
of the districts into which the town is divided for the purpose of
elections.
(2)
Office Elected by Voters by District- 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 district from
which the officer was elected.
(3)
At Large, or by District - If the affidavit is
found to be valid the town clerk shall thereupon deliver to the first
ten 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 town council; they shall contain the names and residence addresses
of the ten 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 town clerk.
The recall petitions shall be returned to the office of the
board of registrars of voters within twenty-one days following the
date they are issued, signed by not less than ten percent of the total
number of voters (of the district or of the town as is appropriate)
as of the date of the most recent town election. The signatures on
such petitions shall contain the names of at least ten percent of
the voters in each of the districts into which the town is divided
for the purpose of elections.
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 ten 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 in each district, as of the
date of the most recent town 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 town council. Upon receipt of the certified petition
forms the town 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 its having
been left at the last known place of residence, the town council after
consultation with the town clerk shall order a special election to
be held on a date fixed by it not more than ninety 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)?
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YES
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NO
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(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 (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 remains 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
town council shall forthwith call a special election to be held on
a date fixed by it not less than sixty nor more than ninety 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 4-6.
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.
