Acts and Resolves of Massachusetts - 1921
Chapter 239 AN ACT ESTABLISHING A BOARD OF ELECTION COMMISSIONERS IN THE CITY OF CAMBRIDGE.

Be it enacted, etc., as follows:
Cambridge board of registrars of voters abolished and board of election commissioners established.

SECTION 1. The board of registrars of voters of the city of Cambridge is hereby abolished. All the powers, rights, liabilities and duties of said board of registrars, either under general or special law, except as otherwise provided, are hereby transferred to and shall hereafter be exercised by a board of election commissioners hereby established in said city, hereinafter called the board, which shall be the lawful successor of said registrars. Immediately upon the qualification of the members of the board as hereinafter provided, the said registrars shall deliver to the board all books, papers, records, and all other equipment, furniture and paraphernalia in their possession.

Number of persons to comprise the board, salary, etc.

SECTION 2. The board shall always consist of four persons, two chosen, as provided in section three, from each of the two leading political parties as defined in section one of chapter fifty of the General Laws. They shall each receive an annual salary of two thousand dollars or such other salary as the mayor and city council may by ordinance prescribe. The city council shall provide the board with suitable office room and equipment.

Board of election commissioners, how constituted, terms of office, etc.

City council need not confirm appointments.

SECTION 3. The members of the board of registrars of voters in office in the city of Cambridge at the time of the passage of this act shall constitute a board of election commissioners, and shall serve until the expiration of their respective terms and until their successors are appointed and qualified. As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the mayor shall so appoint their successors that the members of the board shall, as equally as may be, represent the two leading political parties, and in no case shall an appointment be so made as to cause a board to have more than two members of the same political party. No appointment to said board need be confirmed by the city council.

Organization of board, etc.

SECTION 4. The board shall organize annually in the month of April by the choice of a chairman and secretary. In case the members are unable to agree upon a chairman and a secretary, such officers shall be designated by the mayor. The secretary shall keep a full and accurate record of the proceedings of the board, and shall cause such notices as the board may require to be properly served or posted.

Board to have powers, etc., of certain city officials.

When justice of the third district court of eastern Middlesex shall be member of board.

SECTION 5. Said board shall in all matters relating to objections and questions arising in the case of nominations of candidates for city offices have the power and perform the duties of the board of registrars and the city clerk and city solicitor under section twelve of chapter fifty-three of the General Laws; and when the board is sitting to consider such matters, the justice of the third district court of eastern Middlesex, or in case of his disability an associate justice of said court, shall be a member of the said board and shall preside, but shall not vote unless the other commissioners are equally divided.

Powers, etc., of mayor and aldermen, etc. to be vested in the board, etc.

SECTION 6. All the powers, rights, privileges, liabilities and duties relating to primaries or elections by law vested in and imposed upon the mayor and aldermen or either of them, the city clerk or the board of registrars of voters in cities, except the power and duty of giving notice of elections and fixing the days and hours of holding the same, shall in the city of Cambridge be vested in and performed by the board of election commissioners, who shall be subject to all penalties prescribed by general law for failure to perform the said duties.

Board may appoint certain assistants, etc.

SECTION 7. The board may appoint such assistant commissioners and such other clerical assistants as it deems necessary, who shall at all times equally represent the two leading political parties, as defined as aforesaid.

1918, 282 (G), 8, amended.

Listing board established.

SECTION 8. Chapter two hundred and eighty-two of the General Acts of nineteen hundred and eighteen is hereby amended by striking out section eight and inserting in place thereof the following: Section 8. There is hereby established in the city of Cambridge a listing board composed of the chief of police of the city and the board of election commissioners ex officiius.

1918, 282 (G), 12, 13 and 14, etc., amended.

SECTION 9. Sections twelve, thirteen and fourteen of said chapter hundred and eighty-two, as amended, are hereby further amended by striking out the words "board of assessors", wherever they occur and inserting in place thereof the words: board of election commissioners.

Listing board to furnish board of assessors with certain information.

Act not to abridge certain duties of the assessors.

SECTION 10. For the purpose of assessing poll taxes, the listing board of said city shall furnish the board of assessors with copies of the lists made for the use of the election commissioners under the provisions of sections nine, ten and eleven of said chapter two hundred and eighty-two, as amended, and the board of assessors shall use such copies in assessing poll taxes, and shall not be required to make the lists provided for by section four of chapter fifty-one of the General Laws. The election commissioners shall also certify to the board of assessors the names of all persons resident in Cambridge on the first day of April, subsequently placed on such lists in accordance with the provisions of section twelve of said chapter two hundred and eighty-two, as amended, and the assessors may use such additional names in assessing poll taxes. Nothing in this act shall be construed to abridge the powers and duties of the assessors in the assessment, collection and abatement of poll taxes, except as herein provided.

SECTION 11. This act shall take effect upon its passage.

Approved April 7, 1921.


Acts and Resolves of Massachusetts - 1939
Chapter 43 AN ACT FURTHER REGULATING THE APPOINTMENT OF MEMBERS OF THE BOARD OF ELECTION COMMISSIONERS IN THE CITY OF CAMBRIDGE.

Be it enacted, etc., as follows:

Chapter two hundred and thirty-nine of the Acts of nineteen hundred and twenty-one is hereby amended by striking out section three and inserting in place thereof the following:

Section 3. As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the mayor shall so appoint their successors that the members of the board shall, as equally may be, represent the two leading political parties, and in no case shall an appointment be so made as to cause the board to have more than two members of the same political party. Every such appointment shall be made by the mayor from a list to be submitted to him by the city committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party in said city, selected by vote of a majority of the whole membership of such committee; and every member of said board shall serve until the expiration of his term and until his successor has qualified. No appointment to said board need be confirmed by the city council.

Approved March 3, 1939.


Chapter 432 AN ACT FURTHER REGULATING THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF ELECTION COMMISSIONERS IN THE CITY OF CAMBRIDGE.

Be it enacted, etc., as follows:

Section 1. Section three of chapter two hundred and thirty-nine of the acts of nineteen hundred and twenty-one, as amended by chapter forty-three of the acts of the current year, is hereby further amended by striking out, in the thirteenth line, the words, "whole membership of such committee" and inserting in place thereof the words: -- members of such committee present and voting at a duly called meeting; provided, that not less than thirty such members are present and voting at such meeting, -- so as to read as follows: -- Section 3. As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the mayor shall so appoint their successors that the members of the board shall, as equally may be, represent the two leading political parties, and in no case shall an appointment be so made as to cause the board to have more than two members of the same political party. Every such appointment shall be made by the mayor from a list to be submitted to him by the city committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party in said city, selected by vote of a majority of members of such committee present and voting at a duly called meeting; provided, that not less than thirty such members are present and voting at such meeting; and every member of said board shall serve until the expiration of his term and until his successor has qualified. No appointment to said board need be confirmed by the city council.

Section 2. This act shall take effect upon its passage.

Approved August 9, 1939.


Note: The adoption of the Plan E Charter in 1940 (which went into effect with the 1941 municipal election and after the January 1942 inauguration) changed the appointing authority to the city manager. In all state laws pertaining to appointments and executive authority, the term "mayor" is to be interpreted as "city manager". Ref.: M.G.L. Ch.43, s.104

The current amended text of the act creating the Cambridge Election Commission is therefore:

Acts and Resolves of Massachusetts - 1921
Chapter 239 AN ACT ESTABLISHING A BOARD OF ELECTION COMMISSIONERS IN THE CITY OF CAMBRIDGE
(as amended by Chapters 43 and 432 of the Acts of 1939)

Be it enacted, etc., as follows:
Cambridge board of registrars of voters abolished and board of election commissioners established.

SECTION 1. The board of registrars of voters of the city of Cambridge is hereby abolished. All the powers, rights, liabilities and duties of said board of registrars, either under general or special law, except as otherwise provided, are hereby transferred to and shall hereafter be exercised by a board of election commissioners hereby established in said city, hereinafter called the board, which shall be the lawful successor of said registrars. Immediately upon the qualification of the members of the board as hereinafter provided, the said registrars shall deliver to the board all books, papers, records, and all other equipment, furniture and paraphernalia in their possession.

Number of persons to comprise the board, salary, etc.

SECTION 2. The board shall always consist of four persons, two chosen, as provided in section three, from each of the two leading political parties as defined in section one of chapter fifty of the General Laws. They shall each receive an annual salary of two thousand dollars or such other salary as the city manager and city council may by ordinance prescribe. The city council shall provide the board with suitable office room and equipment.

Board of election commissioners, how constituted, terms of office, etc.
(amended by Acts of 1939, chapters 43 and 432)

City council need not confirm appointments.

SECTION 3. As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the city manager shall so appoint their successors that the members of the board shall, as equally may be, represent the two leading political parties, and in no case shall an appointment be so made as to cause the board to have more than two members of the same political party. Every such appointment shall be made by the city manager from a list to be submitted to him by the city committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party in said city, selected by vote of a majority of members of such committee present and voting at a duly called meeting; provided, that not less than thirty such members are present and voting at such meeting; and every member of said board shall serve until the expiration of his term and until his successor has qualified. No appointment to said board need be confirmed by the city council.

Organization of board, etc.

SECTION 4. The board shall organize annually in the month of April by the choice of a chairman and secretary. In case the members are unable to agree upon a chairman and a secretary, such officers shall be designated by the city manager. The secretary shall keep a full and accurate record of the proceedings of the board, and shall cause such notices as the board may require to be properly served or posted.

Board to have powers, etc., of certain city officials.

When justice of the third district court of eastern Middlesex shall be member of board.

SECTION 5. Said board shall in all matters relating to objections and questions arising in the case of nominations of candidates for city offices have the power and perform the duties of the board of registrars and the city clerk and city solicitor under section twelve of chapter fifty-three of the General Laws; and when the board is sitting to consider such matters, the justice of the third district court of eastern Middlesex, or in case of his disability an associate justice of said court, shall be a member of the said board and shall preside, but shall not vote unless the other commissioners are equally divided.

Powers, etc., of mayor and aldermen, etc. to be vested in the board, etc.

SECTION 6. All the powers, rights, privileges, liabilities and duties relating to primaries or elections by law vested in and imposed upon the city manager and city council or either of them, the city clerk or the board of registrars of voters in cities, except the power and duty of giving notice of elections and fixing the days and hours of holding the same, shall in the city of Cambridge be vested in and performed by the board of election commissioners, who shall be subject to all penalties prescribed by general law for failure to perform the said duties.

Board may appoint certain assistants, etc.

SECTION 7. The board may appoint such assistant commissioners and such other clerical assistants as it deems necessary, who shall at all times equally represent the two leading political parties, as defined as aforesaid.

1918, 282 (G), 8, amended.

Listing board established.

SECTION 8. Chapter two hundred and eighty-two of the General Acts of nineteen hundred and eighteen is hereby amended by striking out section eight and inserting in place thereof the following: Section 8. There is hereby established in the city of Cambridge a listing board composed of the chief of police of the city and the board of election commissioners ex officiius.

1918, 282 (G), 12, 13 and 14, etc., amended.

SECTION 9. Sections twelve, thirteen and fourteen of said chapter hundred and eighty-two, as amended, are hereby further amended by striking out the words "board of assessors", wherever they occur and inserting in place thereof the words: board of election commissioners.

Listing board to furnish board of assessors with certain information.

Act not to abridge certain duties of the assessors.

SECTION 10. For the purpose of assessing poll taxes, the listing board of said city shall furnish the board of assessors with copies of the lists made for the use of the election commissioners under the provisions of sections nine, ten and eleven of said chapter two hundred and eighty-two, as amended, and the board of assessors shall use such copies in assessing poll taxes, and shall not be required to make the lists provided for by section four of chapter fifty-one of the General Laws. The election commissioners shall also certify to the board of assessors the names of all persons resident in Cambridge on the first day of April, subsequently placed on such lists in accordance with the provisions of section twelve of said chapter two hundred and eighty-two, as amended, and the assessors may use such additional names in assessing poll taxes. Nothing in this act shall be construed to abridge the powers and duties of the assessors in the assessment, collection and abatement of poll taxes, except as herein provided.

SECTION 11. This act shall take effect upon its passage.