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2026 Annual Town Meeting, Town of Arlington, MA
Article: 29
Warrant Article Title:
HOME RULE LEGISLATION / RECALL ELECTIONS
Warrant Article Text:
To see if the Town will vote to authorize and request the Select
Board to file Home Rule Legislation to amend Sections 36
through 44 of the Town Manager Act to update provisions for
recall elections; or take any action related thereto.
Requested By:
the Town Clerk
Report Excerpt:
Vote and comment to Town Meeting - Favorable Action (4-0)
Mr. Helmuth recused himself.
This article calls for the filing of a home rule petition that would
allow the Town to amend the Town Manager Act to revise the
process for calling and conducting a recall election.
Town Clerk, Juli Brazile appeared before the Board and explained
that the goal of the legislation is to update the current recall
election language so that it is consistent with state election law.
Ms. Brazile noted that under the current timelines set forth in the
Town Manager Act, it would be very difficult to meet the
prescribed deadlines. The proposed legislation would not change
the fact that Arlington is among approximately one half of
Massachusetts communities that have a recall election process
as part of its charter or bylaws. The Board supports the
continuation of a recall election process and voted unanimously 4-
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0 (Mr. Helmuth recused himself) in favor of the proposed home
rule legislation.
Vote Language:
That the Town does hereby request and authorize the Select
Board to file Home Rule Legislation to provide substantially as
follows:
AN ACT PROVIDING FOR RECALL ELECTIONS IN THE
TOWN OF ARLINGTON
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. Delete Sections 36 through 44 and insert in its place
the following:
Section 36. Recall Elections in the Town of Arlington.
a. Applicable Offices. Any person who holds an elective
office may be recalled from that office by the registered
voters of the Town as provided herein.
b. Recall Petition, Preparation, Filing.
a. An initial recall affidavit signed by not less than 50
registered voters of the town containing the voters’
names and addresses may be filed with the town
clerk. The initial recall affidavit shall contain
i. the name of the officer sought to be recalled;
ii. the name of the office sought to be recalled; and
iii. a statement describing the grounds for a recall.
The town clerk shall immediately forward the initial recall
affidavit to the board of registrars of voters for verification
of signatures.
c. Verification of Signatures by the Board of Registrars. The
board of registrars of voters shall verify the signatures on
the initial recall affidavit within 14 calendar days of receipt
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of the initial recall affidavit. If the initial recall affidavit is
found to contain a sufficient number of verified signatures,
the town clerk shall deliver to the first 10 registered voters
who signed the affidavit a formal numbered and printed
recall petition sheet with the town clerk's official seal and
addressed to the select board demanding the recall and
the election of a successor to the office. Prior to the
delivery of the recall petition sheet, the town clerk shall fill
out the top portion of each recall petition sheet naming the
elected official sought to be recalled, the grounds for recall
stated in the initial recall affidavit, the names of the first 10
registered voters who signed the affidavit and shall
demand the election of a successor to the office. A copy
of the recall petition shall be entered in a record book to
be kept in the office of the town clerk
d. Filing of the Recall Petition Sheets. Not later than 20 days
from the date of delivery of the recall petition sheets, the
10 registered voters of the town to whom the town clerk
delivered recall petition sheets shall file their signed recall
petition sheets with the town clerk containing the
signatures, names and street addresses of not less than
[20 per cent] of the registered voters of the town as of the
date the initial recall affidavit was filed with the town clerk.
e. Submission of Certified Petition. If the total recall petition
sheets shall be found and certified by the board of
registrars of voters to be sufficient, the certified petition
shall be submitted with the certificate of the town clerk to
the select board without delay. The select board shall give
written notice of the receipt of the certified petition to the
officers sought to be recalled. If the officer does not resign
within 5 calendar days of the date notice is given by the
select board, the select board shall promptly order an
election to be held on a date fixed by them not less than
64 nor more than 90 days after receipt of the certified
petition; provided, however, that if any other town election
is scheduled to occur within 100 days after the date of
receipt of the certified petition, the select board may
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postpone the holding of the recall election to the date of
the other election and may include the question of recall
on the ballot for that 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.
f. Successor to Office. An officer sought to be recalled may
be a candidate to succeed the officer in an election to be
held to fill the vacancy.
g. Nomination of Candidates. The question of recalling any
number of officers may be submitted at the same election
but each recall must be on a separate ballot. The
nomination of candidates to succeed an officer whose
recall is sought, the publication of the warrant for the recall
election and the conduct of such election shall all be in
accordance with the provisions of the General Laws
applicable thereto.
h. Duties of the Incumbent. The incumbent shall continue to
perform the duties of the office until the recall election. If
the incumbent is not recalled, the incumbent shall
continue in office for the remainder of the 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 considered removed from office
immediately and the office vacant.
i. Ballots. Ballots used in a recall election shall contain the
following propositions:
FOR THE RECALL OF [NAME OF OFFICER] ( )
AGAINST THE RECALL OF [NAME OF OFFICER] ( )
Adjacent to each proposition, there shall be a place to
mark a vote. Following the propositions shall appear the
word "Candidates” with directions to voters as required by
section 42 of chapter 54 of the General Laws. Beneath the
word "Candidates" shall appear the names of candidates
nominated as provided herein, and placed in order in
accordance with Chapter 31 of the Acts of 1972.
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Adjacent to the name of each candidate shall be a place
to mark a vote. If a majority of the votes cast upon the
question of recall are in favor of recall, the officer shall be
recalled and the votes for the candidates shall be counted.
In that instance, the candidate receiving the highest
number of votes shall be declared elected for the open
office. If less than a majority of the votes cast are in favor
of recall, the votes for candidates shall not be counted.
j. Timing for Recall Petition. An initial recall affidavit shall not
be filed against an officer within 3 months after the officer
takes office or within the last 3 months of the term. In the
case of an officer subjected to a recall election and not
recalled, a new recall affidavit shall not be filed against
that officer until at least 3 months have elapsed after the
election at which the previous recall was submitted to the
voters of the town.
k. Effect of Recall. A person who has been recalled from an
office or who has resigned from office while a recall
petition was pending against them shall not be appointed
to any town office within 2 years after the recall or
resignation.
Select Board Report
