If the petition shall be found and certified by the registrar of
voters to be sufficient, the same shall be submitted with the town
clerk's certificate to the select board. The select board shall,
within 3 working days, give written notice of the receipt of the certificate
by registered mail to the officer sought to be recalled. If the officer
does not resign within 5 days thereafter, the select board shall order
a recall election to be held on a date fixed by them. The date of
the election shall be not less than 64 days nor more than 90 days
from the date the select board orders the recall election. However,
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.
Any officer sought to be removed may not be a candidate to succeed
to the office in the recall election. The nomination of candidates,
the publication of the warrant for the recall election and the conduct
of the same shall all be in accordance with the General Laws relating
to elections. The election to replace the officer sought to be removed
shall be held on the same day as the recall election.
The incumbent shall continue to perform the duties of office
until the recall election. If not recalled, the incumbent shall continue
in office for the remainder of the unexpired term. An incumbent having
successfully survived a recall election shall not again be subject
to recall during the same term of office. If recalled, the incumbent
shall be deemed removed upon the qualification of the successor who
shall hold office during the unexpired term. If the successor fails
to be qualified within 10 days after receiving notification of election,
the incumbent shall thereupon be deemed removed and the office vacant.
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 plurality, but shall not be effective unless
the total of those voting for and against recall shall exceed 30 per
cent of the voters.
No person, having been removed from office by recall or having
resigned from office while proceedings were pending, shall be appointed
to any town office within 2 years following said removal or resignation.