SENATE, No. 459

SECTION 1. Any holder of an elective office in the town of Manchester-by-the-Sea may be recalled there from by the registered voters of the town as herein provided, for reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance or violation of oath.

SECTION 2. Three hundred registered voters of the town may file with the town clerk a recall affidavit, using either a blank recall affidavit as prepared by the town clerk or an affidavit substantially similar thereto, 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 first named voter on the affidavit copies of petition blanks addressed to the board of selectmen demanding the recall, copies of which printed forms the clerk shall keep available. The blanks shall be issued under the signature and official seal of the town clerk. They shall be dated, and shall contain the names of the first 10 voters whose names appear on the recall affidavit, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit, and shall demand the election of a successor to the office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk within 30 days after the filing of the affidavit, with signatures, names and street addresses of at least 20 per cent of the registered voters of the town as of the date the affidavit was filed with the town clerk. Within 5 working days of receipt, the town clerk shall submit the petition to the registrars of voters in the town, and the registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the town.

SECTION 3. If the petition shall be found and certified by the town clerk to be sufficient, it shall be submitted with his certificate to the board of selectmen without delay. The board of selectmen shall forthwith give written notice of the receipt of the certificate, either by hand or by certified mail, return receipt requested, to the officer sought to be recalled. If the officer does not resign within 5 working days after receipt of the notice, the board of selectmen shall forthwith order an election to be held on a date fixed by them not less than 64 nor more than 90 days after the date the election is called, but if any other town election is scheduled to occur within 120 days after the receipt of the certificate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act.

SECTION 4. An officer sought to be removed may be a candidate to succeed himself in an election to be held to fill the vacancy, and unless the officer requests otherwise in writing, the town clerk shall place said name on the ballot without nomination. The nomination of other 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 the law relating to elections, unless otherwise provided in this act.

SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If the incumbent is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this act. If recalled and not re-elected in the recall election, the incumbent shall be deemed removed.  If the successor fails to qualify within 5 days after receiving notification of his election, the office shall be deemed vacant.

SECTION 6. Ballots used in a recall election shall contain the following question:

Shall (name and title of officer whose recall is sought) be recalled?  Yes____     No____

Under the question shall appear the word "Candidates", the directions to voters required by section 42 of chapter 54 of the General Laws, and beneath this, the names of candidates nominated as hereinbefore provided.

If a majority of the votes cast upon the question of recall is against the recall, the ballots for candidates shall not be counted. If a majority of the votes cast upon the question of recall is in favor of the recall, the officer shall be recalled and the ballots for candidates shall be counted. The candidate receiving the highest number of votes shall be declared elected and shall serve for the balance of the unexpired term of the officer recalled.

SECTION 7. A recall petition shall not be filed against an officer within 6 months after he takes office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months have elapsed after the election at which the recall was submitted to the voters of the town.

SECTION 8. A person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall not be appointed to any town office within 1 year after the recall or resignation.

SECTION 9. This act shall take effect upon its passage.