City-crafted bill would allow for special elections in the case of midterm vacancies in the Lowell City Council and School Committee
(BOSTON—7/24/2024) The four members of the Lowell State House delegation are pleased to announce that S2878, An Act relative to vacancies on the city of Lowell city council and school committee was enacted in both chambers of the Massachusetts State Legislature and is now on the desk of Governor Maura Healey awaiting her signature into law. The bill, originally filed in the State Senate on May 2nd, was approved by the Lowell City Council at the April 28th council meeting following a series of motions and council meetings dating back to the beginning of the council term.
This act marks the latest in a series of special acts that have been adopted in response to the consent decree that has ushered in the new “hybrid” city council and school committee system. Under the previous at-large format, council vacancies were filled by elevating the next highest finisher in the previous election. That system for filling empty council and school committee seats carried over into the new hybrid format. Earlier this year, the Lowell City Council voted in favor of a new system based on detailed examinations of other municipalities in the Commonwealth and for the first time since the adoption of Plan E-government, a city council vacancy would be filled by a special election if it occurred in the first year of a term and certain cases thereafter.
“I am really pleased that the Lowell delegation was able to work together to get this piece of legislation to the governor’s desk in such a quick timeframe in order to deliver what the city council and the people of Lowell have asked for—a more democratic form of filling council vacancies through special elections,” said Senator Edward J. Kennedy.
The home rule as written by the Lowell City Council calls for vacancies of elected municipal officials to be handled in one of three ways, depending on when the vacancy occurs. If the vacancy occurs in the first year of the term, a special election will be called within 120 days of the seat officially being declared vacant. In the second year of the term, the council or school committee would have the option of either calling a special election or appointing a replacement until the next regular municipal election. The bill also allows for the seat to remain vacant in the latter half of the second year if the body so chooses.
“I am very happy to see this important home rule petition be enacted in the legislature today. I thank the city council for their foresight back in April to propose that council and school committee vacancies be able to be filled through special elections,” said State Representative Vanna Howard. “The residents in my district have been clear and outspoken in their support of special elections to fill municipal vacancies–and I am also certain that residents throughout the entire City of Lowell share that sentiment”
Lawmaking by its very nature is a meticulous and deliberate process. In addition to the special care spent by the Lowell City Council through multiple subcommittee meetings considering the legislation before its introduction via a home rule petition, the bill had also undergone review by the Joint Committee on Election Laws, House and Senate Counsel, and the Secretary of State’s Elections Division. Only minor adjustments were proposed over the course of the process. The city approved some of those minor changes on July 18th, and gave final approval to the last required amendment earlier today (July 24). With that necessary final approval from the city, the delegation was able to move the bill through the remainder of the legislative process and speedily to the governor’s desk.
“In a timely manner, I’m proud to say that the State House delegation worked together to diligently to pass this important legislation to ensure that voters have the opportunity to exercise their right to vote whenever a council or school committee seat is decided,” said State Representative Rodney Elliott.
When the home rule petition was filed in the spring, the city council expressed a desire that any special election be required to be held within 120 days of a declared vacancy. In order to make that timeframe viable, the bill waives the requirement of a preliminary election to be held in special elections.
“The shift to district representation has proven to create a more equitable system for every neighborhood across our city including the Acre and the Highlands,” said State Representative Rady Mom, “It was clear that the home rule petition the City Council put before the delegation was well thought out, done with the best of intentions, and in the same spirit of equity. I was happy to be a cosponsor with Sen. Kennedy, Rep. Howard, and Rep. Elliott.”
The bill will take effect upon the Governor’s signature.