950 CMR, § 59.01

Current through Register 1533, October 25, 2024

Section 59.01 - General Provisions

(1)Scope and Authority. 950 CMR 59.00 governs adjudicatory proceedings before the State Ballot Law Commission. 950 CMR 59.00 is promulgated under authority of M.G.L. c. 55B, § 4 and is in conformance with the provisions of M.G. L. c. 30A.

(2)Construction. 950 CMR 59.00 shall be construed to secure a just and speedy determination for every proceeding before the State Ballot Law Commission.

(3)Definitions. Terms used in 950 CMR 59.00 shall have the meanings provided in M.G.L. c. 50, § 1 and as follows:

Adjudicatory Proceedings. Proceedings before the State Ballot Law Commission regarding matters brought before it in accordance with the provisions of M.G.L. c. 55B.

Authorized Representative. An attorney, legal guardian or other person authorized by a party to represent him in the adjudicatory proceeding.

Commission The State Ballot Law Commission.

Commissioner. A member of the State Ballot Law Commission.

Objection. A challenge made to the legality, validity, completeness and accuracy of all nomination papers and actions required by law to give candidates access to a state ballot or to place an initiative or referendum on the ballot and any other matter within the jurisdiction of the Commission as contained in M.G.L. c. 55B.

Objector. A person who initiates the adjudicatory proceeding by filing an objection.

Papers. All written communications filed in an adjudicatory proceeding, including objections, motions, pleadings and other documents.

Party.

(a) The specifically named person whose legal rights, duties or privileges are being determined in the adjudicatory proceeding;

(b) any other person who as a matter of constitutional right or by any other provision of the General Laws is entitled to participate fully in the proceeding;

(c) or any person allowed by the Commission to intervene;

(d) the objector, the respondent, all other candidates for the office (but at a primary for nomination); and

(e) the state committee of any affected political party.

Person. An individual, the first ten signers of a state initiative or referendum petition, the state committee of a political party or any other legal entity.

Presiding Officer. The Chairman of the State Ballot Law Commission.

Respondent.

(a) A candidate whose nomination is objected to;

(b) The first ten signers of a state initiative or referendum petition which is objected to; and

(c) Any other person against whom an objection is filed.

Secretary. The Secretary means the Elections Division of the Office of Secretary of the Commonwealth.

(4)Computation of Time.

(a) As provided in M.G.L. c. 50, § 4, in computing time periods, Saturdays, Sundays and holidays shall generally be included, unless the term "weekday" is used; but when the last day for performing an act is a Saturday, Sunday or holiday, the next weekday shall be considered the last day instead.

(b) Notice is given by the Commission and service is made by mail whenever the paper is deposited in the United States mail, properly addressed and postage paid.

(c) A paper is filed with the Commission whenever it is received in the office of the Secretary.

(5)Secretary of the Commission. A member of the Elections Division or designee, as determined by the Secretary of the Commonwealth, shall serve as secretary to the Commission. The Secretary shall transmit all required notices and maintain the files of the Commission.

950 CMR, § 59.01

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