The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

January 29, 2007.

To the Honorable Senate and House of Representatives:

   Pursuant to the provisions of Article II, Section 8, Paragraph 1, Clause (2) of the Amendments to the Constitution, as amended by Article LXXXIX, I am filing for your consideration the attached legislation entitled, “An Act Validating the Proceedings of a Special Town Election in the Town of Hawley.”

   Senator Downing, Representative Bosley and the Town of Hawley Select Board have asked that this bill be filed on behalf of the Town.  The bill will validate the results of the September 26, 2006, special town election, notwithstanding the failure of the Town Clerk to give the town ballot warrant to the constable to post as required under G.L. c. 39, § 10.

   The one item on the ballot at the September election was a ballot question proposing a debt exclusion override in order to purchase a grader for the Town’s Highway Department.  The vote of the special town meeting was unanimous, 28-0. The question on the ballot was advertised several times in two local newspapers.

   To save the Town of Hawley from the expense of conducting another election, I urge your favorable consideration of this bill.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.

The Commonwealth of Massachusetts

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In the Year Two Thousand and Seven.

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An Act validating the proceedings of a special town election in the town of Hawley.

        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. Notwithstanding section 10 of Chapter 39 of the General Laws or any other general or special law to the contrary, all acts, votes and proceedings taken by the town of Hawley at the special town election held on September 26, 2006 and all actions taken pursuant thereto, are hereby ratified, validated and confirmed, to the same extent as if the warrant for that election had been executed in full compliance with the law.

SECTION 2. This act shall take effect upon its passage.