8-1-1.
The regular election for all Town offices shall be by official ballot
held on the last Tuesday in March of each year.
[Amended by Chapter 96 of the Acts of 1997, approved 9-17-1997;
Chapter 36 of the Acts of 2004, approved 3-5-2004]
8-1-2.
All General Law provisions with regard to Town elections shall apply,
except as may herein be provided by this Charter.
8-2-1.
All Town elections shall be nonpartisan, and election ballots shall
be printed without any party mark or designation whatsoever.
8-3-1.
Any registered voter of the Town shall be eligible for election to
any elective office or board of the Town; provided, however, that
no person shall be a candidate for or hold, concurrently, more than
one paid elective office of the Town.
8-4-1.
Any person duly elected to any office or board shall take up the
duties of his office immediately following certification.
8-5-1.
Any holder of an elective office may be recalled by the voters as
herein provided.
8-5-2.
One percent of the registered voters of the Town may file with the
Town Clerk an affidavit containing the name of the officer sought
to be recalled and a statement of the grounds for recall. The Town
Clerk shall thereupon deliver to the voter the first named on such
affidavit a sufficient number of copies of petition blanks demanding
such recall, printed forms which he/she shall keep available. The
blanks shall be issued by the Town Clerk with his signature and Official
Seal attached thereto. They shall be dated and addressed to the Select
Board, and shall contain the name of the person to whom they are issued,
the number of petitions so issued, the name of the person whose recall
is sought, the grounds for recall as stated in the affidavit, and
shall be demand the election of a successor to such office.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
8-5-3.
A copy of the petition shall be entered in the Town Meeting records.
The recall petition shall bear the signatures and residential addresses
of at least 25% of registered voters. The recall petition shall be
returned to the Town Clerk within 20 working days after the filing
of the affidavit.
8-5-4.
The Town Clerk shall within 24 hours of receipt submit the petition
to the Registrars of Voters in the Town, and the Registrars shall
within seven working days certify thereon the number of signatures
which are named of registered voters.
8-5-5.
If the petition shall be found and certified by the Town Clerk to
be sufficient he/she shall submit the same with his certificate to
the Select Board. The Select Board shall, within three working days,
give written notice by registered mail of the receipt of the certificate
to the officer sought to be recalled and shall, if the officer does
not resign within five days thereafter, order an election to be held
on a date fixed by the Board at least 64 but not more than 90 days
after the date of the Town Clerk's certificate that a sufficient petition
has been filed; provided, however, that if any other Town election
is to occur within 90 days after the date of the certificate, the
Select Board shall postpone the holding of the recall election to
the date of such other election.
[Amended by Chapter 414 of the Acts of 2012, approved 1-4-2013; Chapter 292 of the Acts of 2020,
approved 1-8-2021]
8-5-6.
Any officer sought to be removed may be a candidate to succeed himself.
The nominations of candidates, the publication of the warrant for
the recall election, and the conduct of the same, shall all be in
accordance with the provisions of General Law relating to elections,
and the election to replace the officer sought to be removed shall
be held on the same day as the recall election.
8-5-7.
The incumbent shall continue to perform the duties of office until
the recall election. If not recalled, he/she shall continue in office
for the remainder of his unexpired term, but shall not again be subject
to recall during his term of office. If recalled, he/she shall be
deemed removed upon the qualification of his successor who shall hold
office during the unexpired term. If the successor fails to qualify
within five days after receiving notification of his election, the
incumbent shall thereupon be deemed removed and the office vacant.
8-5-8.
The form of the question to be voted upon shall be substantially
as follows: "shall [here insert the name and title of the elective
officer whose recall is sought] be recalled?" The action of the voters
to recall shall require a majority vote, but shall not be effective
unless the total of those voting for and against recall shall exceed
20% of the registered voters of the Town.
8-5-9.
No person having been removed from office by recall or having resigned
from office while recall proceedings were pending against him/her,
shall be appointed to any Town office within two years following said
removal or resignation.
