Legal Opinion

Galvin v. Town Clerk of Winchester

Massachusetts Supreme Judicial Court

Decided December 4, 1975PublishedCited by 12 opinions

1Opinion of the CourtBraucher, J.

The voters of the town of Winchester adopted a home rule charter on March 3, 1975, and on March 27, 1975, the plaintiffs sought to initiate, pursuant to the new charter, a recall election for four members of the school committee of the town. We hold that the “affidavits” seeking recall, neither notarized nor signed under penalties of perjury, did not comply with the charter, and that, in any event, no recall election may be held under the charter until after the annual town election for 1976. We therefore direct that this action in the nature of mandamus against the town clerk be dismissed.

We…

2Cases cited5 opinions

  1. State Ex Rel. Hackley v. EdmondsOhio Supreme Court · 1948
  2. MurphyMassachusetts Supreme Judicial Court · 1947
  3. State Ex Rel. Lewis v. TurneySupreme Court of Connecticut · 1922
  4. Donahue v. Selectmen of SaugusMassachusetts Supreme Judicial Court · 1961
  5. Newman v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1959

3Cited by12 opinions

  1. Correllas v. ViveirosMassachusetts Supreme Judicial Court · 1991
  2. O'Brion, Russell & Co. v. LeMayMassachusetts Supreme Judicial Court · 1976
  3. Commonwealth v. FrancisMassachusetts Supreme Judicial Court · 2000
  4. Crain v. StateDistrict Court of Appeal of Florida · 2005
  5. Roy v. RoyMassachusetts Appeals Court · 1999

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