Massachusetts General Laws ch. 53 sec. 87 – Contested elections or nominations; preservation of ballots; notice; recount; penalties
Section 87. If within three week days after any caucus a person who has received votes thereat for nomination or election to any office shall file a written statement with the city or town clerk, claiming an election or nomination or declaring an intention to contest the election or nomination of any other person, the clerk shall preserve the ballots for such nomination or office until the claim or contest has been finally determined. Upon receipt of such statement, the clerk shall immediately give written notice to the persons affected and to the chairman and secretary of the caucus, fixing a time within twenty-four hours thereafter and a place at which said ballots will be recounted. The chairman and secretary of the caucus shall, at said time and place, recount said ballots and determine the questions raised. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certificates of such change shall be made in the manner provided in section five as to an original certificate.
Terms Used In Massachusetts General Laws ch. 53 sec. 87
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Any presiding officer, secretary or clerk of a caucus who wilfully neglects or refuses to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.