Chap. 0036 An Act providing for precinct voting, representative town meetings, town meeting members, a referendum and an annual moderator in the town of wakefield.

Be it enacted, etc., as folloivs:

Section 1. Upon the acceptance of this act by the town of Wakefield, as hereinafter provided, the selectmen, assessors and registrars of voters of the town, acting jointly, and hereinafter referred to as the districting board, shall forthwith divide the territory thereof into not less than six nor more than twelve voting precincts, each of which shall be plainly designated, and shall contain not less than six hundred registered voters. The precincts shall be so established as to consist of compact and contiguous territory, to be bounded as far as possible by the middle line of known streets and ways or by other well defined limits. All precincts shall contain approximately an equal number of registered voters. Their boundaries shall be reviewed and, if need be, wholly or partly revised by the districting board, in December, once in five years, or in December of any year when so directed by a vote of a town meeting not later than November thirtieth of that year. The districting board shall, within ten days after any establishment or revision of the precincts, but not later than January tenth of the succeeding year, file a report of their doings with the town clerk, the assessors and the registrars of voters, with a map or maps or description of the precincts and the names and residences of the registered voters therein.   The districting

board shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and residences of the registered voters therein; and it shall also cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the districting board with the town clerk.

Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the voters of the town, shall be held on the same day and at same hour, and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of the general laws, relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.

Section 2. Other than the officers designated in section three as town meeting members at large, the representative town meeting membership shall in each precinct consist of the largest number divisible by three which will admit of a representation of all precincts by an equal number of members and which will not cause the total elected town meeting membership to exceed two hundred and fifty-two. The registered voters in every precinct shall, at the first annual town election held after the establishment of the precincts, and at the first annual town election following any precinct revision where the number of precincts is changed, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct, other than the officers designated in section three as town meeting members at large, provided for in the first sentence of this section, to be town meeting members of the town. The first third in order of votes received of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting; in case of a tie vote affecting the division into thirds as aforesaid the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect one third of the number of town meeting members to which that precinct is entitled for the term of three years, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of town meeting members in their respective precincts. Upon

every revision of the precincts where the number of precincts is changed, the terms of office of all town meeting members from every precinct shall cease upon the election of their successors. The town clerk shall, after every election of town meeting members, forthwith notify each member by mail of his election.

Section 3. Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two together with the following, designated as town meeting members at large; namely, any member of the general court of the commonwealth from the town, the moderator, the town clerk, the selectmen, the town treasurer, the town accountant, the town solicitor, the town collector of taxes, three members of the school committee, to be chosen by it, one member of the municipal light board, to be chosen by it, one member of the water and sewage board, to be chosen by it, one member of the trustees of the public library, to be chosen by them, one member of the board of health, to be chosen by it, one member of the park commissioners, to be chosen by them, the tree warden, one member of the planning board, to be chosen by it, one member of the assessors of taxes, to be chosen by them, one member of the registrars of voters, to be chosen by them, one member of the overseers of the poor, to be chosen by them, and three members of the finance committee, to be chosen by it. The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least five days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualification of their members. A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time. Notice of every adjourned representative town meeting shall be posted by the town clerk in the town clerk's office, and said clerk shall notify the members by mail of the adjourned meeting at least twenty-four hours prior thereto. The notices shall state briefly the business to be acted upon at the meeting, and shall include notice of any proposed reconsideration. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the representative town meeting, any voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member and a town meeting member who removes from one precinct to another or is so removed by a revision of precincts shall not retain membership after the next annual election.

Section 4. Nomination of candidates for town meeting members to be elected under this act shall be made by nomination papers, which shall bear no political designation and shall be signed by not less than twenty-five voters of the precinct in which the candidate resides, and filed with the town clerk at least ten days before the election; provided, that any town meeting member may become a candidate for re-election by giving written notice thereof to the town clerk at least twenty days before such election. No nomination paper shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto.

Section 5. The articles in the warrant for every town meeting, so far as they relate to the election of the moderator, town officers, and town meeting members, as hereinbefore provided, to referenda and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the voters of the town in their respective precinct meetings. All other articles in the warrant for any town meeting, beginning with the annual town meeting in the year when said town meeting members are first elected, shall be acted upon and determined exclusively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, subject to the referendum provided for by section eight.

Section 6. A moderator shall be elected by ballot at each annual town meeting and shall serve as moderator of all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filled by the town meeting members at a meeting held for that purpose. If a moderator is absent a moderator pro tempore may be elected by the town meeting members.

Section 7. Any vacancy in the full number of town meeting members from any precinct may be filled until the next annual election by the remaining town meeting members of the precinct from among the registered voters thereof. Upon petition therefor signed by not less than ten town meeting members from the precinct, notices of the vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy exists, and said clerk shall call a special meeting of such members for the purpose of filling any vacancy. The town clerk shall cause to be mailed to every such member, not less than four days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and the clerk shall make a certificate of the choice and forthwith file the same with the town

elerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of members as set forth in section three.

Section S. No article in the warrant shall at any representative town meeting be finally disposed of by a vote to pass over, to lay upon the table, to indefinitely postpone or to take no action thereon. No vote passed at any representative town meeting under any article in the warrant, except a vote to adjourn or a vote for the temporary borrowing of money in anticipation of taxes, shall be operative until after the expiration of seven days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said seven days a petition, signed by not less than two hundred registered voters of the town, containing their names and addresses, as they appear on the list of registered voters, or signed by not less than fifty town meeting members, is filed with the selectmen requesting that the question or questions involved in such vote be submitted to the voters of the town at large, then the selectmen, within fourteen days after the filing of the petition, shall call a special meeting, which shall be held within ten days after the issuing of the call, for the sole purpose of presenting to the voters at large the question or questions so involved. The polls shall be opened at two o'elock in the afternoon and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by vote of the same proportion of voters at large voting thereon as would have been required by law of the town meeting members had the question been finally determined at a representative town meeting. The questions so submitted shall be stated upon the ballot in the same language and form in which they were stated when presented to said representative town meeting by the moderator as appears from the records of the said meeting. If such petition is not filed within the said period of seven days, the vote of the representative town meeting shall become operative upon the expiration of the said period.

Section 9. The town of Wakefield, after the acceptance of this act, shall have the capacity to act through and to be bound by its said town meeting members who shall, when convened from time to time as herein provided, constitute representative town meetings; and the representative town meetings shall exercise exclusively, so far as will conform to the provisions of this act, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meetings shall, when taken by any representa-

tive town meeting in accordance with the provisions of this act, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as heretofore organized and conducted.

Section 10. This act shall not abridge the right of the inhabitants of Wakefield to hold general meetings, as that right is secured to them by the constitution of the commonwealth; nor shall this act confer upon any representative town meeting in Wakefield the power finally to commit the town to any measure affecting its municipal existence or changing its government, without action thereon by the voters of the town at large, using the ballot and the check lists therefor.

Section 11. This act shall be submitted to the registered voters of the town of Wakefield at any annual or special town meeting called for the purpose. The vote shall be taken in precincts by ballot in accordance with the provisions of the general laws, so far as the same shall be applicable, in answer to the question, which shall be placed upon the official ballot used for the election of town officers: "Shall an act passed by the general court in the year nineteen hundred and twenty-six entitled ' An Act providing for precinct voting, representative town meetings, town meeting members, a referendum and an annual moderator in the town of Wakefield' be accepted by this town?"

Section 12. So much of this act as authorizes its submission for acceptance to the registered voters of the town shall take effect upon its passage, and the remainder shall take effect upon its acceptance by a majority of the voters voting thereon. Approved February 15, 1926.