GALVIN v. TOWN CLERK OF WINCHESTER


369 Mass. 175 (1975)

338 N.E.2d 834

MARGARET D. GALVIN & others vs. TOWN CLERK OF WINCHESTER.

Supreme Judicial Court of Massachusetts, Middlesex.

December 4, 1975.


Attorney(s) appearing for the Case

Lane McGovern, for Stephen R. Parkhurst & others, interveners.

Robert S. Frank, Jr., pro se.

Douglas A. Randall, Town Counsel, for the Town Clerk of Winchester.

David E. Neitlich for Margaret D. Galvin & others.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


BRAUCHER, 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...

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