[Amended 8-13-2021 by Acts of 2021, Ch. 40]
A preliminary election to nominate candidates for mayor, councilor-at-large,
school committee member-at-large, city clerk, ward city councilor,
ward school committee member, trustees under the will of Charles E.
Forbes, elector under the Oliver Smith will, trustees of Smith Vocational
and Agricultural High School and elected members of the Community
Preservation Committee, shall be held on the third Tuesday in September
in each odd-numbered year in which the candidates are to be elected,
but the city clerk may, with the approval of the city council, reschedule
the preliminary election to the fourth Tuesday in September to avoid
a conflict with any civil or religious holiday.
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Whenever a special election to fill a vacancy is to be held,
a preliminary election shall be conducted, if necessary, 28 days before
the date established for the special election; provided, however,
that a preliminary election to fill a vacancy for ward councilor or
ward school committee member shall be held only in the affected ward.
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(a)
Signature Requirements - The number of signatures of voters required
to place the name of a candidate on the official ballot to be used
at a preliminary election shall be as follows: (i) for the office
of mayor, not less than 150 certified signatures; (ii) for the office
of councilor-at-large or school committee member-at-large, not less
than 100 certified signatures; and (iii) for the office of ward city
councilor, ward school committee member, trustees under the will of
Charles E. Forbes, elector under the Oliver Smith will, trustees of
Smith Vocational and Agricultural High School or the Community Preservation
Committee, not less than 50 certified signatures. Signatures of voters
shall be made on a form prescribed by the registrars of voters and
shall be made available not earlier than April 2 in each preliminary
election year and those forms shall be submitted to the registrars
of voters for certification of the names on or before the fourteenth
day preceding the date fixed for submission to the city clerk. The
forms shall be submitted to city clerk on or before 5 o'clock in the
afternoon on the forty-fifth day prior to the declared date of the
preliminary election. An individual may appear on the ballot for only
1 office at any preliminary, regular or special city election.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
(b)
Ballot Position - The order in which names of candidates for each
office appear on the ballot shall be determined by a drawing, by lot,
conducted by the city clerk at least 40 days before the preliminary
election. The drawing shall be open to the public.
(c)
Determination of Candidates - The 2 people who receive the highest number of votes for nomination for an office at the preliminary election shall, except as provided by subsection (d), be the sole candidates for that office whose names shall be printed on the official ballot to be used at the regular or special city election at which the office is to be voted upon and no acceptance of a nomination shall be necessary to its validity. If 2 or more persons are to be elected to the same office at the regular or special city election, the several persons equal in number to twice the number to be elected receiving at such preliminary election the highest number of votes for nomination for that office shall, except as provided by subsection (d), be the sole candidates for that office whose names shall be printed on the official ballot. If the preliminary election results in a tie vote among candidates for nomination receiving the lowest number of votes which would entitle a person receiving the same to have that person's name printed on the official ballot for the election, all candidates participating in the tie vote shall have their names printed on the official ballots, although in consequence thereof there shall be printed on the ballots the names of candidates exceeding twice the number to be elected.
(d)
Condition Making Preliminary Unnecessary - If at the expiration of
the time for filing statements of candidates to be voted for at any
preliminary election, not more than twice as many such statements
have been filed with the city clerk for an office as are to be elected
to such office, the candidates whose statements have thus been filed
shall be deemed to have been nominated to the office and those candidates
shall be voted on for such office at the succeeding regular or special
city election and the city clerk shall not print those names on the
ballot to be used at the preliminary election and no other nomination
to the office shall be made. If in consequence it shall appear that
no names are to be printed upon the official ballot to be used at
a preliminary election in the city, no preliminary election shall
be held in such ward.
The regular city election shall be held on the first Tuesday
following the first Monday in November in each odd-numbered year.
The order in which names of candidates for each office appear
on the ballot shall be determined by a drawing, by lot, conducted
by the city clerk not later than 7 days after the certification of
the preliminary election results. In the event that there is no preliminary
election in advance of the regular city election, the drawing shall
be conducted on the fourth Tuesday in September prior to the regular
city election. In the event that there is no preliminary election
in advance of a special city election, the drawing shall be conducted
on the sixth Tuesday prior to the special city election. The drawing
shall be open to the public.
All elections for city offices shall be non-partisan and election
ballots shall be printed without any party mark, emblem or other political
designation.
The territory of the city shall be divided into 7 wards by the
city clerk to consist of nearly an equal number of inhabitants as
it is possible to achieve based on compact and contiguous territory,
bounded as far as possible by the center line of known streets or
ways or by other well-defined limits. Each ward shall be composed
of voting precincts established under the General Laws. The city council
shall review these wards to ensure uniformity in the number of inhabitants
at least once every 10 years.
[Added 8-13-2021 by Acts
of 2021, Ch. 40]
No candidate shall have the words "candidate for reelection"
printed next to that candidate's name on the election ballot.
[Amended 8-13-2021 by
Acts of 2021, Ch. 40]
Except as otherwise expressly provided in this charter and authorized
by law, all city elections shall be governed by the laws of the commonwealth
relating to the right to vote, the registration of voters, the nomination
of candidates, voting places, the conduct of preliminary, regular
and special city elections, the submission of charters, charter amendments
and other propositions to the voters, the counting of votes, the recounting
of votes and the determination of results.
