THE MAYOR.

SECT. 45.* The mayor of the city of Boston shall be elected at large to hold office for the term of four years from the first Monday in February following his election and until his successor is chosen and qualified, except as hereinafter provided.

SECT. 46.** The secretary of the commonwealth (unless notified as hereinafter provided) shall cause to be printed at the end of the official ballot to be used in the city of Boston at the state election in the second year of the mayor's term the following question: Shall there be an election for mayor at the next municipal election, with the words Yes and No at the right of the question and sufficient squares in which each voter may designate by a cross his answer to such question. If a majority of the qualified voters registered in said city for said state election shall vote in the affirmative on said question, there shall be an election for mayor in said city at the municipal election held in January† next following said state election, and the same shall be conducted, and the result thereof declared in all respects as are other city elections for mayor, except that the board of election commissioners shall place on the official ballot for said election without nomination the name of the person then holding the office of mayor (other than an acting mayor), unless in writing he shall request otherwise. The mayor then elected shall hold office for four years, subject to recall at the end of two years as provided in this section. If said question is not answered in the affirmative by the vote aforesaid no election for mayor shall be held and the mayor shall continue to hold office for his unexpired term. If prior to October first in the said second year of his term the mayor shall file with the secretary of the commonwealth a written notice that he does not desire said question to appear upon the ballot at said state election it shall be omitted; his term of office shall expire on the first Monday of February following; and there shall be an election for mayor in said city at the municipal election held in January† next following said state election, and at such municipal election the mayor's name shall not be placed on the official ballot unless he is nominated in the manner provided in section fifty-three of this act.

SECT. 47. If a vacancy occurs in the office of mayor within two months prior to a regular municipal election other than an election for mayor, or within four months after any regular municipal election, the city council shall forthwith order a special election for a mayor to serve for the unexpired term, subject if the vacancy occurs in the first or second year of the mayor's term to recall under the provisions of the preceding section. If such vacancy occurs at any other time there shall be an election for mayor at the municipal election held in January† next following, for the term of four years, subject to recall as aforesaid. In the case of the decease, inability, absence or resignation of the mayor, and whenever there is a * Sections 35 to 44, inclusive, are omitted because now inoperative.

Sect. 45 amended by Chap. 94, Special Acts of 1918, providing that the mayor shall not be eligible for election for the succeeding term.

**Sect. 46 repealed by Chap. 94, Special Acts of 1918, abolishing recall of mayor. January changed to December by Chap. 730, Acts of 1914, §§ 2 and 3.

vacancy in the office from any cause, the president of the city council while said cause continues or until a mayor is elected shall perform the duties of mayor. If he is also absent or unable from any cause to perform such duties they shall be performed until the mayor or president of the city council returns or is able to attend to said duties by such member of the city council as that body may elect, and until such election by the city clerk. The person upon whom such duties shall devolve shall be called "acting mayor" and he shall possess the powers of mayor only in matters not admitting of delay, but shall have no power to make permanent appointments except on the decease of the mayor.

THE CITY COUNCIL.

SECT. 48. There shall be elected at large in said city a city council consisting of nine members. At the first election under this act there shall be elected nine members of said city council. No voter shall vote for more than nine. The three candidates receiving the largest number of votes at said election shall hold office for three years, the three receiving the next largest number of votes shall hold office for two years, the three receiving the next largest number of votes shall hold office for one year. In case two or more persons elected should receive an equal number of votes those who are the seniors by age shall for the division into classes hereby required be classified as if they had received the larger number of votes in the order of ages. Thereafter at each annual municipal election there shall be chosen at large three members of the city council to hold office for a term of three years. No voter shall vote for more than three. All said terms shall begin with the first Monday of February following the election.

SECT. 49. Each member of the city council shall be paid an annual salary of fifteen hundred dollars; and no other sum shall be paid from the city treasury for or on account of any personal expenses directly or indirectly incurred by or in behalf of any member of said council.

SECT. 50. The city council shall be the judge of the election and qualifications of its members; shall elect from its members by vote of a majority of all the members a president who when present shall preside at the meetings thereof; shall from time to time establish rules for its proceedings, and shall, when a vacancy occurs in the office of any member, elect by vote of a majority of all the members a registered voter of said city to fill the vacancy for the remainder of the municipal year. The vacancy for the remainder of the unexpired term shall be filled at the next annual municipal election, unless the vacancy occurs within two months prior to such municipal election, in which event the city council shall forthwith order a special election to fill the vacancy for the unexpired term. The member eldest in years shall preside until the president is chosen, and in case of the absence of the president, until a presiding officer is chosen.

SECT. 51. All elections by the city council under any provision of law shall be made by a viva voce vote, each member who is present answering to his name when it is called by the clerk or other proper officer, and stating the name of the person for whom he votes, or declining to vote as the case

may be; and the clerk or other proper officer shall record every such vote. No such election shall be valid unless it is made as aforesaid.

SECT. 52. No primary election or caucus for municipal offices shall be held hereafter in the city of Boston, and all laws relating to primary elections and caucuses for such offices in said city are hereby repealed.

SECT. 53.* Any male qualified registered voter in said city may be nominated for any municipal elective office in said city, and his name as such candidate shall be printed on the official ballot to be used at the municipal election: provided, that at or before five o'clock P.M. of the twenty-fifth day prior to such election nomination papers prepared and issued by the election commissioners, signed in person by at least five thousand registered voters in said city qualified to vote for such candidate at said election, shall be filed with said election commissioners, and the signatures on the same to the number required to make a nomination are subsequently certified by the election commissioners as hereinafter provided. Said nomination papers shall be in substantially the following form:

COMMONWEALTH OF MASSACHUSETTS.

CITY OF BOSTON
NOMINATION PAPER.

The undersigned, registered voters of the City of Boston qualified to vote for a candidate for the office named below, in accordance with law, make the following nomination of candidates to be voted for at the election to be held in the City of Boston on January

19

NAME OF CANDIDATE. Give first or middle name in full.)

OFFICE FOR WHICH
NOMINATED.

RESIDENCE.
Street and number, if any.

SIGNATURES AND RESIDENCES OF NOMINATORS.

We certify that we have not subscribed to more nominations of candidates for this office than there are persons to be elected thereto. In case of the death, withdrawal, or incapacity of any of the above nominees, after written acceptance filed with the board of election commissioners, we authorize (names of a committee of not less than five persons) or a majority thereof as our representatives to fill the vacancy in the manner prescribed by law.

*Sect. 53 amended by Chap. 730, § 4, Acts of 1914 (accepted by the voters, November 3, 1914), so as to require but 3,000 certified signatures for nomination of mayor and 2,000 for nomination of city council or school committee member. Also, the twenty-fifth day "prior to such election" changed to the twenty-first day.

NOTE. The last clause of Sect. 53, containing the jurat, annulled in 1918 by Chap. 37, Special Acts.

SECT. 54.* If a candidate nominated as aforesaid dies before the day of election, or withdraws his name from nomination, or is found to be ineligible, the vacancy may be filled by a committee of not less than five persons, or a majority thereof, if such committee be named, and so authorized in the nomination papers. Nomination papers shall not include candidates for more than one office except that not more than three or nine, as the case may be, candidates for city council may be included in one nomination paper, and not more than two candidates for school committee may be included in one nomination paper. Every voter may sign as many nomination papers for each office to be filled as there are persons to be elected thereto and no more. Nomination papers in each year shall be issued by the board of election commissioners on and after but not before the day next following the state election.

SECT. 55.** Women who are qualified to vote for a member of the school committee may be nominated as and sign nomination papers for candidates for that office in the manner and under the same provisions of law as men.

SECT. 56. The names of candidates appearing on nomination papers shall when filed be a matter of public record; but the nomination papers shall not be open to public inspection until after certification. After such nomination papers have been filed, the election commissioners shall certify thereon the number of signatures which are the names of registered voters in the city qualified to sign the same. They need not certify a greater number of names than are required to make a nomination, with one-fifth of such number added thereto. All such papers found not to contain a number of names so certified equivalent to the number required to make a nomination shall be invalid. The election commissioners shall complete such certification on or before five o'clock P.M. on the sixteenth day preceding the city election. Such certification shall not preclude any voter from filing objections as to the validity of the nomination. All withdrawals and objections to such nominations shall be filed with the election commissioners on or before five o'clock P.M. on the fourteenth § day preceding the city election. All substitutions to fill vacancies caused by withdrawal or ineligibility shall be filed with the election commissioners on or before five o'clock P.M. on the twelfth day preceding the city election.

SECT. 57. The name of each person who is nominated in compliance with law, together with his residence and the title and term of the office for which he is a candidate shall be printed on the official ballots at the municipal election, and the names of no other candidates shall be printed *Sect. 54 amended by Chap. 730, § 5, Acts of 1914, so as to limit the number of nomination papers issued to any candidate for mayor to 300, and to any candidate for city council or school committee to 200. † Changed to one-tenth by Chap. 730. § Changed to thirteenth.

Changed to fifteenth.

Sect. 54 again amended (by Chap. 340, Acts of 1921) so as to fix the time for issuing municipal nomination papers on and after the Wednesday following the first Monday in November.

**Sect. 55, amended by Chap. 65, Acts of 1921, leaving women voters as unrestricted as men voters.

thereon. The names of candidates for the same office shall be printed upon the official ballot in the order in which they may be drawn by the board of election commissioners, whose duty it shall be to make such drawing and to give each candidate an opportunity to be present thereat personally or by one representative.

SECT. 58. No ballots used at any annual or special municipal election shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything showing how he was nominated or indicating his views or opinions.

SECT. 59. On ballots to be used at annual or special municipal elections blank spaces shall be left at the end of each list of candidates for the different offices, equal to the number to be elected thereto, in which the voter may insert the name of any person not printed on the ballot for whom he desires to vote for such office.

SECT. 60. All laws not inconsistent with the provisions of this act, governing nomination papers and nominations for, and elections of municipal officers in the city of Boston, shall so far as they may be applicable, govern the nomination papers, nominations and elections provided for in this act. The board of election commissioners shall be subject to the same penalties and shall have the same powers and duties, where not inconsistent with the provisions of this act, in relation to nomination papers, preparing and printing ballots, preparing for and conducting elections and counting, tabulating and determining the votes cast under the provisions of this act, as they have now in relation to municipal elections in said city.

SECT. 61. The provisions of this act shall apply to any special municipal election held after the year nineteen hundred and nine in the city of Boston, except that nomination papers for offices to be filled at such elections shall be issued by the election commissioners on and after the day following the calling of said special election. Every special municipal election shall be held on a Tuesday not less than sixty days nor more than ninety days after the date of the order calling such special election. SECT. 62. All acts and parts of acts so far as inconsistent with this act are hereby repealed; all ordinances and parts of ordinances so far as inconsistent with this act are hereby annulled; and all acts and parts of acts affecting the city of Boston not inconsistent with the provisions of this act are continued in force: provided, however, that the provisions of chapter four hundred and forty of the acts of the year nineteen hundred and nine shall not apply to any election held hereunder prior to the first day of April in the year nineteen hundred and ten.

*

[Approved June 11, 1909.]

NOTE.- Section 63 (the final section) omitted, as it merely states when the different sections went into effect. It will be found in the MUNICIPAL REGISTER of 1911, on page 32.