More than two years after Mayor Jon Mitchell filed a proposal to establish a recall process for all elected officials in New Bedford, the City Council amended and recently passed the measure. It will now move on to the state legislature for approval.
Mayor Mitchell submitted his recall proposal to the City Council on February 23, 2024, writing “while I believe that the recall of an elected officer should be an extraordinary remedy, I also believe that it is prudent to have a recall process so that voters can protect themselves against egregious breaches of public trust.”
The proposal was based on an extensive review by the City Solicitor’s Office of recall provisions in Massachusetts municipalities with city forms of government. Because the recalling of an elected official entails the negating of an election, Mayor Mitchell crafted his proposal to set the bar sufficiently high so it would not be invoked over mere policy disagreements. For example, Mayor Mitchell’s proposal required 600 signatures to begin the recall process of an official elected citywide, which would be among the highest in the state.
In November 2024, the City Council Ordinance Committee made several changes to the recall proposal, which further restricted the circumstances under which a recall could be pursued. For example, the Council tripled the signature requirements and extended the windows at the beginning and end of an official’s term when a recall election is prohibited. The amended proposal then saw no movement for more than a year before finally being approved by the City Council last month.
“I do not agree with the council’s changes because they make it more difficult to initiate a recall,” Mayor Mitchell said. “Nevertheless, I believe having a workable recall provision is better than having none at all. I am endorsing the measure; it will provide the residents of the City protection against rogue elected officials which previously did not exist.”
Mayor Mitchell signed the measure, and it now goes to the state legislature for approval as a Home Rule Petition.
The provision establishes a process in which any holder of elected office in the City may be recalled by voters. This includes Mayor, all ward and at-large City Councillors, School Committee members, and those elected to the Board of Assessors. Some of the details are as follows:
– 1,800 or more registered voters may initiate a recall petition for an official elected citywide – which includes all the above-mentioned offices except ward councillors – by signing an affidavit and filing it with the Board of Election Commissioners. Of those 1,800 voters, at least 300 must come from each of the City’s six wards. The City Council raised these amounts in November 2024 from Mayor Mitchell’s original proposal of 600 overall voters, 100 from each ward.
– 300 or more registered voters may initiate a recall petition for a ward officer (ward councillor) by signing an affidavit and submitting it to the Board of Election Commissioners. The City Council raised this amount in November 2024 from Mayor Mitchell’s original proposal of 100.
– A recall petition cannot be filed against an elected official within four months of the beginning of their term. The City Council extended this window from Mayor Mitchell’s proposed three months.
– Once the recall petition is certified by the Board of Elections Commissioners, at least 15% of the registered voters must sign the petition itself to place it on the ballot.
– In order for the recall election to be effective, at least 15% of the registered voters must vote in the recall election. In the case of a ward election, 15% of the ward’s registered voters must vote for it to be effective.
– A recall election cannot be held if there is less than eight months remaining in their term. The City Council extended this window from Mayor Mitchell’s proposed six months.
