(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.