INFORMATION FOR CANDIDATES FOR MUNICIPAL OFFICE IN THE CITY OF MALDEN
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1 INFORMATION FOR CANDIDATES FOR MUNICIPAL OFFICE IN THE CITY OF MALDEN NOTE: This material was compiled from various election related sources, including e Massachusetts General Laws, Acts and Resolves of e Massachusetts Legislature, e Code of Massachusetts Regulations, U.S. Postal Service Regulations, and City Council Orders. It is intended for general information and guidance only, and is not meant to replace reference to original sources. REVISED: 8/6/2015
2 2015 ELECTION CALENDAR June 16 July 23 July 28 August 11 August 13 Aug. 28 Nomination papers available from e City Clerk's Office 5:00 P.M. last day and hour to obtain nomination papers from e City Clerk's Office (53:9A) 5:00 P.M. last day and hour to submit nomination papers to e Registrar of Voter's Office for certification (53:7) 5:00 P.M. last day and hour to file certified nomination papers wi e City Clerk's Office (53:10) 5:00 P.M. last day and hour for filing widrawals from nomination for e preliminary or objections to nomination (55B:7; 53:13) 8:00 P.M. close of registration for e preliminary (51:26) Sept. 9 5:00 P.M. first campaign finance statement due (55:18) Sept. 17 Sept. 23 PRELIMINARY 5:00 P.M. last day and hour to widraw from nomination at e preliminary or petition for a recount of votes or, if a preliminary is not held, to widraw from nomination for e final election (54:135; 206/02) Oct. 14 8:00 P.M. close of registration for election (51:26) Oct. 26 Nov. 3 Nov. 13 5:00 P.M. second campaign finance statement due (55:18) ELECTION 5:00 P.M. last day and hour to petition for recount of votes at election (54:135) Jan.20, 2016 Final campaign finance statement due (55:18) 2
3 CITY OF MALDEN POLLING PLACES 2015 WD. PCT. LOCATION 1 1 FERRYWAY SCHOOL, WALNUT ST. 1 2 FERRYWAY SCHOOL, WALNUT ST. 2 1 COMMUNITY ROOM, 89 PEARL ST. 2 2 IRISH AMERICAN, WEST ST. 3 1 BEEBE SCHOOL, K-4 GYMNASIUM 3 2 BEEBE SCHOOL, MUSIC ROOM 4 1 HOLMES SCHOOL, GYMNASIUM 4 2 COUNCIL CHAMBER, GOVT. CENTER 5 1 SALEMWOOD SCHOOL FIELDHOUSE 5 2 FORESTDALE SCHOOL 6 1 GYMNASIUM, MYSTIC VALLEY CHARTER SCHOOL 6 2 COMMUNITY ROOM, 630 SALEM ST. 7 1 FERRYWAY SCHOOL, CROSS ST. 7 2 COMM. ROOM, SUFFOLK MANOR 8 1 LINDEN SCHOOL, WESCOTT ST. 8 2 LINDEN SCHOOL, WESCOTT ST. 3
4 GENERAL INFORMATION ON PRELIMINARY AND FINAL ELECTIONS Your name can appear on e ballot for only one office in any city election year. Final Election: On November 3, 2015, e City will hold an election for e following offices: OFFICE NUMBER ELECTED TERM SIGNATURES REQUIRED FOR NOMINATION Mayor 1 4 years 200 Councillor At Large 3 2 years 200 Ward Councillor 1 per ward 2 years 50 School Committee Member 1 per ward 2 years 50 All terms begin in January Preliminary Election: A preliminary election, if required, is scheduled for September 17. A preliminary election will be held ONLY if e number of candidates for an office exceeds twice e number to be elected. In oer words, a preliminary election will be held for Mayor, Ward Councillor or School Committee if ere are ree or more candidates for e same office. For Councillor At Large, a preliminary election will be held if ere are seven or more candidates. A preliminary election will reduce e number of candidates in e mayoral, ward council or school committee race to two and in e Councillor At Large race to six. In oer words, e number of candidates will be reduced to twice e number to be elected. 4
5 Getting on e Ballot General Requirements: To run for an office, you must: be a registered voter in e city for ward offices, live in e ward where you are running; be nominated by obtaining e signatures of: 50 registered voters in your ward (for offices elected by ward) or 200 registered voters in e city (for offices elected citywide). Obtaining Nomination Papers: Where: When: How: What: Nomination papers are available from e City Clerk s Office, Room 323, 200 Pleasant St. During regular office hours between June 16 at 8 a.m. and July rd 23 at 5 p.m. (Office hours are: Monday, Wednesday and Thursday, 8 a.m-4 p.m.; Tuesday, 8 a.m.-7 p.m. and Friday 8 a.m.-noon.) By completing a form containing your name, your address and e office you are seeking. If you cannot come to e office, your papers will be given to anyone wi your written auorization. The auorization must contain your name, address and office sought. You will receive: This guide; Information on Campaign Finance requirements; A CD containing e most recent street listing; and Nomination papers as follows: 5 for ward offices; 20 for citywide offices. This will enable you to obtain 5 times e number of signatures required. If you choose to collect more signatures, you may make EXACT photocopies of an original paper. Circulating Nomination Papers: BEFORE soliciting signatures, fill in e sections entitled Statement of Candidate and Signers Statement. Nomination papers filed wiout is information will be disqualified and signatures will not be certified. PROPERLY IDENTIFY THE OFFICE YOU ARE SEEKING. If you are running for Ward Councillor or School Committee, you must include e ward designation 5
6 (i.e. Ward One Councillor, Ward Two School Committee Member). Nomination papers filed wiout is information will be disqualified and signatures will not be certified. You also have e option of completing e section entitled Candidate s Statement of Public Office. The statement, which will appear on any preliminary election ballot, is limited to eight words and can contain any of e following: local elected offices; offices voted at state primaries; an appointed public position which includes policy making auority; veteran (if you are a veteran, as defined in MGL Chapter 31, Section 1) If you do not currently hold e office, it must be preceded by e word "former". If you are seeking re-election to an office, e statement may contain e words "candidate for re-nomination". Collect more an e required number of signatures. Some signatures may be disqualified during certification. Be sure at voters sign substantially as registered and include apartment st numbers where applicable. A voter who has moved since January 1 must also include a former address. Filing Nomination Papers: Nomination papers must be filed wi e City Clerk s Office by July 28 at 5:00 p.m. You must accept nomination by signing at least one of e papers in e space provided. File papers as early as possible. Papers are certified in e order ey are submitted. If signatures are disqualified, you will be allowed to submit additional signatures before July 28 at 5:00 p.m. You will receive a signed receipt. If you are picking nomination papers up from e City Clerk s Office, is receipt will be required to obtain e papers. Certification of Signatures: Nomination papers will be certified in e order ey are received. All certification will be completed by August 11. You will be notified when certification of your papers is completed. You do not need to pick e papers up. If you have e required number of signatures and 6
7 e papers remain in e City Clerk s Office until August 13 at 5:00 p.m., you will be considered a candidate. The City Clerk s Office will certify a minium of: 70 signatures for ward candidates, and 280 for citywide candidates. These numbers are 2/5s more an e number required for nomination. The most common reasons for a signature to be disqualified are: e signer is not a registered voter; e City Clerk s Office was unable to read e signature and/or address; for ward offices, e signer lives in a different ward. 7
8 Objections to Nomination: Widrawals and Objections to Nomination Between August 11 and August 13 at 5:00 p.m., some one may object to your nomination. Objections must be based on e form and content of nomination papers, raer an a candidate s fitness to hold office. Objections to nomination must be: in writing; signed by e objector; notarized; filed wi e City Clerk on or before August 13 at 5:00 p.m. If an objection is filed: The Board of Registrar of Voters and City Solicitor will hold a hearing, summons witnesses, and examine documents relating e objection; Notify you of e date, time and place of e hearing; Render a decision on e objection by August 17. Widrawal from Nomination: If a preliminary election is to be held in your race, you may widraw from nomination until August 13 at 5:00 p.m. If no preliminary election is to be held in your race, you may widraw from rd nomination until September 23 at 5:00 p.m. Widrawals must be: in writing; signed by e candidate; notarized; filed wi e City Clerk on or before e deadline for widrawal. After e deadline, all nominations will be final and e names of all nominees will appear on e ballot. 8
9 FORM AND CONTENT OF BALLOTS Ballot Order: Offices will appear on e ballot in e following order: Mayor; Councillor At Large; Ward Councillor; School Committee Member. Names of candidates for each office will appear on bo preliminary and final election ballots in e following order: incumbent office holders, in alphabetical order; By state law, persons chosen by vote of e City Council, or a joint convention of e City Council and School Committee, are considered incumbents. all oers, in alphabetical order. Ballot Content: Preliminary Election Ballots: If a preliminary election is required, e ballot will contain: e candidate s name; e candidate s address; e eight word statement contained on e candidate s nomination papers. Final Election Ballots: In e final election, e ballot will contain: e candidate s name; e candidate s address; for Councillor At Large, e ward in which e candidate lives; and for incumbents, e words Candidate for Re-Election. 9
10 CAMPAIGN FINANCE All candidates are required to file Campaign Finance Reports for specific periods during e election cycle. The Massachusetts Office of Campaign and Political Finance provides free web-based software, Reporter 6, to assist you in keeping accurate financial records and filing reports. You are strongly encouraged to make use of is resource. To obtain an Identification number and password for Reporter 6, you must contact OCPF at Most candidates file wi e City Clerk. Mayoral candidates, however, must file wi e state Office of Campaign and Political Finance. Filing dates are included in e Election Calendar. In addition, e City Clerk s Office will provide you wi forms and e specific dates your report should cover at least a week prior to e deadline. You will be required to continue filing reports after January 20, 2016 if: you are elected; you show assets or liabilities in e report filed in January of 2016, or; you have not dissolved a candidate s committee organized to promote your candidacy. Forms to create and dissolve political committees are available in e City Clerk's Office. A "Municipal Campaign Finance Guide" is included in your election packet. The guide provides important information on: limitations on contributions; permissible expenditures; prohibited practices, and disclosure requirements. You should review is material carefully before raising or spending funds. Later is year, e Office of Campaign and Political Finance generally offers regional Campaign Finance Seminars for municipal candidates and eir treasurers. You will receive more information on available sessions later in e year and are strongly urged to attend. Questions on municipal campaign finance may be directed to eier: The Office of Campaign and Political Finance The City Clerk's Office
11 SELECTED LAWS - CAMPAIGN PRACTICES Many state laws regulate campaign and election practices. Some highlights are provided below. For e full text of any provision, please refer to e section of state law cited at e end of each synopsis. BEFORE ELECTION DAY: Endorsements Must Be Auorized: No person's name may be included in any political advertisement, circular or poster wiout his/her express consent. (MGL C.56 S.41A) No Interference Wi Distribution of Political Circulars: No person may interfere wi e distribution of circular or flyers. Unlawful interference includes e removal of printed matter from any residential premises to which it was delivered. (MGL C.56 S.43) No Use of Public Resources to Promote Candidates and/or Ballot Questions: Public offices, supplies, time or resources may not be used to aid or defeat a candidate or ballot question (MGL C.55). All municipal intellectual property, including (but not limited to) e city seal, municipal logos and/or designs uniquely associated wi or owned by e city, are public resources wiin e meaning of e law. No Use of Mail Boxes for Distribution of Political Literature: Federal Postal Regulations prohibit e use of mailboxes as receptacles for any material which does not bear postage. The regulation applies to items placed upon, attached to, hung from or inserted in a mail box. The regulation furer provides at violations will be punished by removal of e material from e receptacle and/or imposition of appropriate postal charges. (Domestic Mail Service Regulation 151.2) No Political Signs Displayed in Residential Neighborhoods More Than 60 Days Before election day and No Larger Than Six Square Feet: City ordinance allows e display of one sign not exceeding 6 square feet at any residential property. Signs relating to a preliminary election may be displayed for a total of 60 days and should be removed no more an 5 days after e date of e preliminary. Signs relating to a final election may be displayed for a total of 60 days and should be removed nor more an 5 days after e date of e election. Note at, if you are a candidate in bo e preliminary and final elections, e two 60 day periods will overlap. (Section , R.O. 1991). ON ELECTION DAY: 11
12 Election Officer and Police Officers To Maintain Order: Election officials are primarily responsible for maintaining order at e polls. Failure to obey e lawful commands of eier an election officer or a police officer may result in detention, arrest and/or prosecution. (MGL C.54 S.71,72,74,75 and C.56, S57) Political Activity Prohibited Wiin 150 Feet of a Polling Place: No one may solicit votes for or against any candidate, political party, or ballot question wiin 150 feet of e entrance to a polling place or wiin e polling place itself.(950 CMR (22)(d)) During polling hours, candidates may enter e 150 foot boundary only for e purpose of voting. No one should remain wiin e 150 foot perimeter longer an is necessary to conduct eir business. Any person remaining wiin e 150 foot boundary for an undisclosed purpose will be presumed to be representing a candidate and will be asked to leave. No posters or circular may be displayed or distributed (except Instruction to Voters cards and official Specimen Ballots) wiin 150 feet of e entrance to a polling place or inside e polling place, itself. (MGL C.54 S.65) Please note at e prohibited materials include virtually anying bearing a candidate's name (buttons, pens, T-shirts, hats, keychains, etc.). Candidates and eir representatives will be asked to cover or conceal ese materials when wiin 150 feet of e polling place or inside e poll itself. To assist candidates and eir representatives in identifying e 150 foot mark, lines have been painted on e pavement at all polling places. A listing of approximate locations of e lines is available from e City Clerk's Office. Assisting Voters: At a voter's request, he/she may be assisted in voting by any person he/she designates. (MGL C.54 S.79) 12
13 VOTER REGISTRATION Voter registration is an on-going process and a person may register to vote at any time. To vote in any election, however, a voter must be registered at least 20 days prior to election day. You must be registered by: August 28 to vote in e preliminary election; October 14 to vote in e final election. Regular office hours are: Monday, Wednesday and Thursday, 8 a.m.-4 p.m.; Tuesday 8 a.m.- 7 p.m. and Friday, 8 a.m.-noon. The City Clerk s Office will remain open until 8:00 p.m. for voter registration on August 28 and October 14. To register to vote in Malden elections, you must be: a U.S. citizen; But, anyone who becomes a citizen between e close of registration and election day may register immediately and vote in e election, notwistanding e deadline. a resident of Malden; and 18 years or older on election day. Someone who turns 18 between e close of registration and e election must register before e close of registration. Registration can be completed in any of e following ways: in person, at e Registrar of Voters' Office in any city or town; by mail, using a Mail-In Voter Registration form If a person is registering by mail and has not been registered in Massachusetts before, he or she must provide positive photo identification. This requirement can be fulfilled eier by: submitting a photocopy of identification wi e mail-in registration form; or showing identification at e polling place prior to voting e first time; at e Registry of Motor Vehicles; rough e State s online portal at at a variety of public agencies, including but not limited to e Department of Transitional Assistance. The voter should expect to receive confirmation wiin 2 weeks of registration. The confirmation of registration will also provide e voter wi information on where he or she should vote. 13
14 ABSENTEE VOTING Any registered voter may vote by absentee if he/she is: absent from e city during polling hours A voter who will be absent may: vote in e City Clerk s Office prior to leaving town; OR have e ballot mailed to an address of his/her choice; physically disabled or a member of a religious organization whose beliefs prevent voting on e day e election is held. Absentee ballots are available approximately four weeks before an election. The voter or a relative must apply for an absentee ballot by: completing an application available in e City Clerk s Office OR sending a signed request to e City Clerk s Office. The request must: be signed; include e voter s name and voting address; include a mailing address, if different; and indicate e elections for which ballots are requested. A voter may request ballots for a specific election or elections or for all elections in e calendar year. Absentee Ballot Applications must be received no later an noon on e day before e election, unless e voter has entered e hospital wiin five days of e election. Voters entering e hospital wiin five days of e election may apply at any time before e polls close on election day. In is case ONLY, a ballot may be hand delivered to e voter by a friend or relative designated by e voter and returned to e City Clerk's Office by hand. In all oer cases, a ballot will be mailed immediately upon receipt of a properly completed application. Completed ballots may be returned to e City Clerk's Office via mail or hand delivered by e voter or a family member before 8 p.m. on election day. Absentee ballots must be returned by 8:00 p.m. on e date of e election. If e voter will be out of town on election day, he/she may be able to vote in e City Clerk's Office before leaving. Instructions for completing and returning e ballot will be sent wi e ballot. If e voter makes an error in completing e required affidavits, e ballot will be rejected. The City Clerk's Office will notify e voter of e ballot's rejection and, if sufficient time remains before e election, will send e voter a substitute ballot. 14
15 ELECTION RESOURCES Many election and election-related materials are available from e City Clerk's Office. Requests for information must be made in writing to e City Clerk s Office, Room 323, Malden Government Center, and must specify e information sought. Disks or CD are available for $10.00/file. Hard copy is available for $.20/page. PLEASE NOTE: The 2015 Street Listing will be available in hard copy in early July. The Voting List is available as an electronic file one week before an election. Requests for a voting list should be made in writing no later an 10 days before e election. 15
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17 Candidate s Statement of Office Sought Date: Name: Office: Address: Phone: I hereby request nomination papers for e office listed above to be nominated at e Municipal Preliminary on September 22, 2015 I auorize to obtain nomination papers on my behalf. I also acknowledge receipt of e following materials: Nomination papers (Ward office - 5 papers; Citywide office - 20 papers) Information for Candidates for Municipal Office Campaign Finance Guide - Candidates for Municipal Office CD containing PDF of 2014 poll book and street index Candidate s Signature: Representative s Signature: (if applicable) 17
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