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Massachusetts Regulations § 950 CMR 59.02 Jurisdiction, Timing and Filing

⤴ Up to Title 950 CMR 59.00: State Ballot Law Commission: Adjudicatory Proceedings

Regulation Text

(1) Jurisdiction .
(a) The Commission has jurisdiction over the following objections:
1. Objections to state nominations, under M.G.L. c. 55B, § 4;
2. Objections to signatures on state initiative and referendum petitions under M.G.L. c. 55B, § 4; and
3. Any other objections over which it has jurisdiction by law.
(b) The Commission has no jurisdiction over matters concerning state ballot questions other than initiative and referendum petitions, concerning city or town nominations or ballot questions or concerning the content of state ballots, including ballot statements and ordering of candidates' names. The Commission also has no jurisdiction over nominations or petitions which are not in apparent conformity with law, have accordingly been invalidated by the Secretary, and thus now are seeking access to the ballot.
(2) Standing . Any registered voter in the appropriate district may file an objection with the Secretary, which objection must include the objector's voting address as indicated on the current annual register of voters. The objection must be accompanied by a $25 filing fee, which shall be refunded only if the Commission declines jurisdiction of the objection. The objection must also be accompanied by a certificate of voter registration in substantially the form prescribed by M.G.L. c. 55B, § 5.
(3) Time of Filing Objection . An objection must be filed at or before 5:00 P.M. of:
(a) the third day after the last day to file nomination papers or certificates of nomination with the state secretary;
(b) the 30 th day after the last day to file state initiative or referendum petitions with the state secretary;
(c) the seventh day after the last day to file supplemental signatures necessary to place a state initiative questions on the ballot after rejections by the general court;
(d) the sixth day after a state primary;
(4) Notice .
(a) Not later than the day after an objection is filed, the objector shall mail a copy of the objection to the respondent by registered or certified mail, return receipt requested.
(b) The Secretary shall give written notice to all parties by registered or certified mail, return receipt requested. The notice shall contain a copy of the objection, the date, time, and place of the hearing, and a summary of commission procedures. In addition, the Secretary shall make a reasonable effort to notify all parties by telephone or email at once. The written notice must be given not later than 5:00 P.M. of:
1. The Wednesday after the last day to file objections to nomination papers or certificates of nomination for regular elections, or state initiative or referendum petitions;
2. The Friday after the last day to file objections to supplemental signatures necessary to place a state initiative question on the ballot after rejection by the general court;
3. The Tuesday after the last day to file objections to nominations made by regular state primaries.
(c) Any person that does not file an appearance at or before the first hearing in the proceeding shall not become a party until that person files an appearance.
(d) The date of the hearing contained in the Secretary's notice may be the dated of an assignment session, at which the Commission may dispose of preliminary matters and continue the hearing to a later date.
(5) Withdrawal of Objection . The objector may withdraw an objection at any time by filing a notice in writing with the Secretary. The filing fee shall not be refunded.
(6) Hearing . The hearing on an objection shall not be held before:
(a) The second Monday after the last day to file objections to certificates of nomination, nomination papers, or state initiative or referendum petitions, except for nomination for special state primaries and elections;
(b) The Wednesday after the last day to file objections to supplemental signatures necessary to place a state initiative question on the ballot after rejection by the general court;
(c) The Monday after the last day to file objections to nominations made by state primaries, except for special state primaries.
(7) Representation .
(a) Appearance . An individual may appear in his own behalf. Any party in an adjudicatory proceeding shall have the right to be represented and advised by an attorney licensed to practice in Massachusetts. Any party in an adjudicatory proceeding shall have the right to be accompanied, represented, and advised by an authorized representative.
(b) Notice of Appearance . An appearance shall be made in every adjudicatory proceeding by filing a written notice with the Commission or presiding officer. Such notice shall contain the name, address and telephone number of the authorized representative.
(8) Time .
(a) Timely Filing . Papers required or permitted to be filed under 950 CMR 59.00 or any provision of the applicable law must be filed at the Commission or with the Secretary within the time limits for such filing as are set by 950 CMR 59.00 or other provision of law.
(b) Papers filed in the following manner shall be deemed to be filed as set forth in 950 CMR 59.02(8)1. through 3.:
1. Hand-delivery During Business Hours : By hand-delivery during regular business hours shall be deemed filed on the day delivered.
2. Hand-delivery During Non-business Hours : By hand-delivery during non-business hours shall be deemed filed on the next regular business day.
3. Mailing : By placing in U.S. Mail shall be deemed filed when received by the Secretary.
(c) All papers shall show the date received by the Commission and the Commission shall cooperate in giving date receipts to persons filing papers by hand-delivery.
(d) Extension of Time . It shall be within the discretion of the Commission or presiding officer, for good cause shown, to extend any time limit contained in 950 CMR 59.02(8). All requests for extensions of time shall be made by motion before the expiration of the original or previously extended time period. The filing of such motion shall toll the time period sought to be extended until the Commission or presiding officer acts on the motion. This division shall not apply to any limitation of time prescribed by the Massachusetts General Laws.
(9) Filings Generally .
(a) Title . Papers filed with the Commission shall state the docket number, if any, the title of the proceeding, the name of the person on whose behalf the filing is made and the name of the person whose action is complained of.
(b) Signatures . Papers filed with the Commission shall be signed and dated by the party on whose behalf the filing is made or by party's authorized representative and shall state the address and telephone number of such party or authorized representative. This signature constitutes a certification by the signer that he has read the document and knows the content thereof, that it is not interposed for delay and that if the document has been signed by an authorized representative that he has full power and authority to do so.
(c) Form .
1. Size and Printing Requirement . All papers, except those submittals and documents which are kept in a larger format during the ordinary course of a party's business, shall be hand-printed or typewritten on paper eight to 8½ inches wide, by ten to 11 inches long, with left-hand margins not less than 1½ inches wide and other margins not less than one inch. The impression shall be on only one side of the page, unless there are more than four pages, and shall be double-spaced except that quotations in excess of three lines shall be single-spaced and indented. Mimeographed, multi-graphed, photo and digital duplicated papers will be accepted as hand-printed or typewritten. All papers shall be clear and legible.
Commission Forms . The Commission may provide forms to be used by the parties.
(d) Copies . The original of all papers shall be filed together with such number of additional copies as the Commission or statute may require.
(10) Service . Simultaneously with the filing of any and all paper with the Commission, the party filing such papers shall send a copy thereof to all other parties to the proceedings, by delivery in hand, or by United States mail, postage prepaid, properly addressed. If the party is represented by an authorized representative, service on authorized representative constitutes service on the party. Under M.G.L. c. 55B, § 5 and 950 CMR § 59.02(4)(a), an objection need not be mailed until the day after filing, and the certificate of service may so specify. All papers filed with the Commission shall be accompanied by a statement signed under the pains and penalty of perjury that copies have been sent specifying the mode of service, date the party to whom sent, the party's address, and address of service. Failure to comply with 950 CMR 59.02(10) shall be ground for refusal the Commission to accept papers for filing.

History

Amended by Mass Register Issue 1315 , eff. 6/17/2016 .

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