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ARTICLE 2A--RECALL ELECTIONS
ARTICLE 2A--RECALL ELECTIONS  (Adopted 12/19/89)

SECTION 1.      Any holder of elective office in the Town of Becket may be recalled there-      from by the registered voters of Becket as herein provided.

SECTION 2.      Any one hundred (100) registered voters of the Town may file an affidavit       with the Town Clerk containing the name of the officer sought to be recalled and        a statement of the grounds for the recall.  The Town Clerk shall thereupon      deliver to said voters a sufficient number of copies of printed form petition   blanks addressed to the Selectmen demanding such recall.  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 all persons to whom they are issued.  The  name of the person whose recall is sought, and the grounds for the recall as    stated in the affidavit. In addition, the petitions shall demand the election of        a successor to said office.  A copy of the petition shall be entered in the     record book to be kept in the office of the Town Clerk.  The recall petition    shall be returned and filed with the Town Clerk on or before the first (1st) work       day following twenty (20) days after the filing of the affidavit. Said petition,         before being returned and filed with the Town Clerk shall be signed by a least  thirty (30%) percent of the registered voters of the town, who shall add to their       signatures the street and number, if any, of their residences.  Within twenty-  four (24) hours of receipt of the petition the Town Clerk shall submit the      petition to the registrars of voters in the town and the registrars shall within        fourteen (14) days certify thereon the number of signatures which are names of  registered voters of the Town. If their certification shows the petition to be  insufficient, the Town Clerk shall return the petition to the voters seeking the        recall, without prejudice, however, to the filing of a new affidavit for the same      purpose.

SECTION 3.      If the petition shall be found and certified by the Town Clerk, to be   sufficient, he shall submit the same with this certification to the Board of    Selectmen within seven (7) days and the Board shall within seven days give      written notice of the receipt of the certificate to the officer sought to be    recalled, and shall, if the officer does not resign within seven (7) days       thereafter, order an election to be held on a date to be fixed by them not less         than sixty (60) nor more than ninety (90) days after the date of the Town Clerk's       certification that a sufficient petition has been filed, provided, however, that         if any other town election is scheduled to occur within one-hundred (100) days of       said certificate, the Board of Selectmen may, in its discretion, postpone the   holding of the recall election to the date of such other election. If a vacancy         occurs in said office after a recall election has been ordered, the elections   shall nevertheless proceed as provided herein.

SECTION 4.      Any officer sought to be recalled may be a candidate to succeed himself         and, unless he specifically request otherwise in writing, the Town Clerk shall  place his name on the official ballot without nomination.  The nomination of    other candidates, the publication of the warrant for the recall election, and the       conduct of same shall be in accordance with the provisions of 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 then re-elected he shall continue in the office for the    remainder of his unexpired term, subject to recall as before, except as provided        in section 7.  If not re-elected in the recall election, he shall be deemed     removed from office upon the qualification of his successor, who shall hold     office during the unexpired term.  If the successor fails to qualify within seven       (7) days after receiving written certified notification of his election, the    incumbent shall thereupon be deemed recalled and the office vacant.

SECTION 6.      Ballots used in a recall election shall submit the following propositions       in order indicated:
                For the recall of (Name Officer)
                Against the recall of (Name of Officer)
        Immediately at the right of each proposition there shall be a square in                 which the voter, by making a cross mark (X), may vote for either of such                propositions.  Under the proposition shall appear the word "candidates",                the direction to voters required by MGL Chapter 54, Section 42, and beneath             this the names of candidates nominated as herein before provided.
        If a two-thirds majority of the votes cast upon the question of recall is               in the affirmative, the candidate receiving the highest number of votes shall be        deemed elected.  If a majority of votes on the question is in the negative, the         ballot for the candidates need not be counted.

SECTION 7.      No recall petition shall be filed against an officer of the Town within six     (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 twelve (12) months after       that election.

SECTION 8.      No person who has been recalled from an office or who has resigned from         office while recall proceedings were pending against him shall be appointed to  any town office within one (1) year after such recall or such resignation.

SECTION 9.      This Act shall be submitted for acceptance to the voters of the Town of         Becket at the Annual Town Meeting to be held in the year Nineteen Hundred and   Ninety in the form of the following question, which shall be placed upon the    official ballot to be used for the election of Town Officers at said meeting:   "Shall an Act passed by the General Court in the year Nineteen Hundred and      Ninety, entitled, An Act Establishing Recall Elections in the Town of Becket, be        accepted?"  If the majority of votes in answer to said question is in the       affirmative, said act shall take effect but not otherwise.  If this act is not         accepted in the year Nineteen Hundred and Ninety, it shall again be submitted at        the Annual Town Meeting in the year Nineteen Hundred and Ninety One, and if     accepted shall take full effect but not otherwise.




 
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