A petition conforming to the requirements hereinafter provided
and requesting the city council to pass a measure, except an order
granted under section seventy or section seventy-one of chapter one
hundred and sixty-four or chapter one hundred and sixty-six of the
General Laws or requesting the school committee to pass a measure,
therein set forth or designated, shall be termed an initiative petition,
and shall be acted upon as hereinafter provided. In this and the seven
(7) following sections, "measure" shall mean an ordinance passed or
which could be passed by the city council or a resolution, order or
vote passed or which could be passed by the city council, or a resolution,
order or vote passed or which could be passed by the school committee,
as the case may be.
Signatures to initiative petitions need not be all on one (1)
paper. All such signature papers pertaining to any one (1) measure
shall be fastened together and shall be filed in the office of the
city clerk as one (1) instrument, with the endorsement thereon of
the names and addresses of three (3) persons designated as filing
the same. With each signature to the petition shall be stated the
place of residence of the signer, giving the street and number, if
any.
Within seven (7) working days after the filing of said petition
the registrars of voters shall ascertain the number of registered
voters who have signed the petition, shall determine the percentage
which that number bears to the total number of registered voters in
the city as of the last state election and shall attach to the petition
their certificate showing the results of their examination.
The city clerk shall forthwith transmit the said certificate
with the said petition to the city council or to the school committee,
according as the petition is addressed, and at the same time shall
send a copy of said certificate to the first ten (10) persons designated
on the petition as filing the same.
When such certificate has been so transmitted, said petition
shall be deemed to be valid unless written objections are made thereto
by a registered voter of the city within forty-eight (48) hours after
such certification by filing such objections with the city council
or the school committee, and a copy thereof with the registrars of
voters. A copy of the objections so filed shall forthwith be transmitted
to the state ballot law commission which shall hold a public hearing
on said objections, shall render a decision on the matter referred
to it within fourteen (14) days after the objections were filed and
transmit a copy of its decision to the city council or the school
committee.
If any initiative petition is signed by registered voters equal
in number to at least fifteen (15) per cent of the whole number of
registered voters, the city council or the school committee shall,
within twenty (20) days after the date of the certificate of the registrars
to that effect:
A.
Pass said measure without alteration, subject to the referendum vote
provided by this charter, or
B.
The city council shall call a special election to be held on a Tuesday
fixed by it not less than forty-five (45) nor more than sixty (60)
days after the date of the certificate hereinbefore mentioned, and
shall submit the proposed measure without alteration to a vote of
the registered voters of the city at that election; provided, if the
regular municipal election is otherwise to occur within one hundred
and twenty (120) days after the date of said certificate, the city
council may, at its discretion, omit calling the special election
and submit the proposed measure to the voters at such approaching
election.
If an initiative petition is signed by registered voters equal in number to at least eight (8) per cent but less than fifteen (15) per cent of the total number of registered voters, and said measure be not passed without alteration within twenty (20) days by the city council or the school committee, as provided in the preceding section, such proposed measure, without alteration shall be submitted by the city clerk to a vote of the registered voters of the city at the next regular municipal election. A proposed measure under this section or section 7-3 shall become effective if it shall be approved by registered voters of the city equal in number to one-third of the whole number thereof and also by a majority of the voters voting on such measure, but not otherwise.
If within twenty (20) days after the final passage of any measure,
except a revenue loan order, by the city council or by the school
committee, a petition signed by registered voters of the city, equal
in number to at least twelve (12) per cent of the total number of
registered voters as of the last state election, and addressed to
the city council or to the school committee, as the case may be, protesting
against such measure or any part thereof taking effect, is filed with
the city clerk, the same shall thereupon and thereby be suspended
from taking effect; and the city council or the school committee,
as the case may be, shall immediately reconsider such measure or part
thereof; and if such measure or part thereof is not entirely rescinded,
the city clerk shall submit the same, by the method herein provided,
to a vote of the registered voters of the city, either at the next
regular municipal election, or at a special election which may, in
its discretion, be called for the purpose, and such measure or part
thereof shall forthwith become null and void unless a majority of
the registered voters voting on the same at such election vote in
favor thereof.
The petition described in this section shall be termed a referendum petition and section 7-2, with the exception of the last paragraph, shall apply to the procedure in respect thereto, except that the words "measure of part thereof protested against" shall for this purpose be understood to replace "measure" in said section wherever it may occur, and "referendum" shall be understood to replace the word "initiative" in said section.
The city council may, of its own motion, and shall, upon request of the school committee if a measure originates with that committee and pertains to the affairs under its administration, submit to a vote of the registered voters of the city for adoption or rejection at a regular or special municipal election any proposed measure, or a proposition for the repeal or amendment of any measure. A proposed measure under this section or section 7-3 shall become effective if it shall be approved by registered voters of the city equal in number to one-third of the whole number thereof and also by a majority of voters voting on such measure, but not otherwise.
If two (2) or more proposed measures passed at the same election
contain conflicting provisions, only the one receiving the greater
number of affirmative votes shall take effect.
