Ballot Question #2

Question 2:

Summary:

The proposed amendment would modify the manner for filling of vacancies in all municipal elective offices. Vacancies in all elective offices would be filled in a uniform manner by special election, unless the vacancy arises between May 1st and July 1st of a municipal election year. If the vacancy arises between May 1st and July 1st of a municipal election year, it would be filled at the regular election, with the person elected assuming office immediately upon certification of election results. For Ward Councillor, Councillor At Large and School Committee member, a person elected at the regular municipal election or at a special election held after July 1st of a municipal election year would fill the unexpired term and the subsequent term. For Mayor, a person elected at the regular municipal election or at a special election held after July 1st of a municipal election year would hold office for the balance of the term if a Mayoral election was not scheduled for that year and would hold office for the balance of the term and for the next regular term if a Mayor election was scheduled for that year.

Special elections would be held not less than 90 days nor more than 120 days from the date the vacancy occurs and the person elected would assume office upon certification of the election results. The offices of Ward Councillor, Councillor At Large and School Committee would remain vacant until a special election was held. The office of Mayor would be filled by the City Council President until a special election was held.

Currently, a vacancy in the office of Ward Council is filled by special election, except in the last 6 months of a term; a vacancy in the office of Mayor is filled by the President of the City Council; a vacancy in the office of Councillor At Large is filled by the defeated candidate who received the next highest number of votes in the last election and is eligible and willing to serve or, if there is no such defeated candidate, by anyone who is eligible and willing to serve and is chosen by a majority of the remaining City Councillors; a vacancy in the office of School Committee is filled by the defeated candidate who received the next highest number of votes in the last election and is eligible and willing to serve or, if there is no such defeated candidate, by anyone who is eligible and willing to serve and is chosen by a majority of the remaining school committee members and the President of the City Council.

A YES vote would modify the manner for the filling of vacancies in elective office.

A NO vote would leave in place the present system for filling vacancies in elective office

John Robillard Response:

“Even though the cost of having a special election would be costly, it is absolutely necessary that we do so. The resignation of Councilor Michael Sheehan in 2008 is a good example, when he was eventually replaced by someone, who only received 23 votes, this is not majority rule. I do believe that any elected official, who vacates their elected position before their term is completed, should be replaced using the election process but not when the remainder of that term is less than 6 months.”

http://www.cityofmalden.org/Election-Resources/