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

February 16, 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 Actions Taken At A Certain Election Held In The Town Of Wareham.” 

Senator Pacheco, Representative Gifford and the Wareham Board of Selectmen have asked that this legislation be filed to permit the town to fill a vacancy in the office of Selectmen at the town’s annual election on April 3, 2007.  Absent this legislation, the town would have to hold a special election, at an estimated cost of $15,000.00.  The Town Clerk’s election budget does not include this funding.  Moreover, without this bill the town would not be governed by a full Board of Selectmen until after the special election is held.

To save the town of Wareham from the expense of conducting another election and to ensure the town is governed by a full Board quickly, I urge your early and 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 actions taken at a certain election held in the town of Wareham.

        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 the provisions of section 10 of chapter 41 of the general laws, or of any other general or special law to the contrary, the actions of the town of Wareham with regard to the placement of the office of selectman on the ballot to fill a vacancy at the April 3, 2007, annual town election, and those actions taken by the town in reliance thereon, including the issuance to registered voters of nomination papers for the office, the board of registrars' receipt of such nomination papers for filing, the certification by the board of registrars of signatures of registered voters affixed to such nomination papers, the town clerk's receipt of such certified nomination papers for filing, and the inclusion on the ballot of the names of candidates for the office whose nomination papers contained the requisite number of signatures, are hereby ratified, validated and confirmed, notwithstanding the failure to notify the town clerk to place the office on the ballot within the time frame provided by law. 

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