IV. THE TOWN AND THE CITIZEN
13. ELECTIONS
ADMINISTRATION
The Town Clerk is responsible for the conduct of all elections. A bipartisan Board of Registrars oversees voter registration. The clerk is an ex-officio member of the Board. On election day, the voting at each polling place is supervised by a warden and a bipartisan team of election workers, who are appointed by the Select Board.
REGISTERING TO VOTE
Qualifications. Anyone may register who: is a citizen by birth or naturalization; will be at least 18 years of age by the time of the next election; and is a resident of Amherst on the day of registration. One may declare residency immediately on moving to town; there is no waiting period. No proof of eligibility is required, but the application is signed under penalty of perjury.
Where and when. Citizens may register in the Town Clerk's office and at the Munson and North Amherst Libraries. There are also special registration sessions immediately preceding elections; the times and places are published in the newspapers. If a physical disablity prevents registration in person, citizens may register in their homes by completing and returning a form, available in the clerk's office, at least three days before registration closes. There are deadlines for registering prior to each election. Call the Clerk's office for more information.
How often. Even though registration is permanent in Massachusetts, a voter must notify the Town Clerk of any change in name and must maintain a listing in the town census (street list). A census form is mailed to every voter each year. Failure to return this census form may result in being dropped from the registered voters list.
Party designation. When registering, voters may request a party designation or remain unenrolled. Party members may vote only in their own party's primary, but unenrolled voters may vote in any partisan primary. Voting in a partisan primary automatically enrolls the voter in that party. One may unenroll or change parties by filing a form with the Clerk.
VOTING
Polling places and hours. Polling hours and places are usually published in the newspapers shortly before elections. Voters may learn their precincts by calling the Town Clerk's office.
Assistance with voting, sample ballots. Poll workers will provide instructions for write-ins and other assistance for those unfamiliar with the process or unable to read the ballot. Sample ballots are posted outside each polling place.
Absentee voting. Registered voters may vote absentee if they are unable to be at the polls on election day because of absence from town, physical disability, or religious belief. They may vote either by mail or in the Town Clerk's office. People who are not registered may, under certain circumstances, qualify to vote by mail.
Call the Clerk's office for information on rules, deadlines, and procedures.
Dates of state and national elections.
election-in even-numbered years, first Tuesday in November.
state primary-in even-numbered years, usually in September. Includes US.
Congress, state offices, district attorney, and other court officers.
national (presidential preference)primary-in presidential election years, usually
in March. Includes election of state and local party committees. Dates of town elections.
election1-annually, usually in late March or early April. Includes town officials,
Town Meeting members, and County Commissioners.
referenda-State and local laws provide for several types of local referenda.
1A caucus (preliminary election) was held in Amherst until March 1992 when it was eliminated by referendum. State law governs unless a special by-law is approved. (See Town Clerk.)
VOTER INFORMATION FOR TOWN ELECTIONS
The League of Women Voters publishes an Election Guide in the local newspaper and sponsors a Candidates' Night preceding the annual town election. Presentations by candidates for town-wide office are broadcast on the local cable television channel.
Various neighbor and interest groups sponsor forums for candidates. The local newspapers report on candidates' meetings and publish candidates' statements.
The League maintains a telephone to provide nonpartisan information about candidates and issues. See League of Women Voters of Amherst in the telephone directory.
RUNNING FOR LOCAL OFFICE To run for Town Meeting
- Obtain nomination papers from the Town Clerk.
- Fill in the required information, including the term of office. (A full term is three years, but there are often unexpired terms to be filled.)
- Have at least ten registered voters from your precinct sign them. Make sure that the signatures are as they appear on the voting list and include the address. You may obtain extra signatures as insurance.
- Submit the nomination papers to the Clerk's office by the deadline.
To run for town-wide office
- Obtain and fill in nomination papers as above.
- Have required number of registered voters from Amherst sign them. (See Town Clerk.)
- Submit the papers to the Clerk's office by the deadline.
14. CITIZEN PARTICIPATION
Amherst residents take a lively interest in town government. They contribute their time and talents on an impressive scale to a multitude of town committees, boards, and commissions, thereby enriching the quality of life in Amherst.
WHAT YOU CAN DO
Register and vote in all elections.
Read and learn about Amherst affairs in the annual Town Report and other official documents of the town (available in the Town Manager's office), the media, and publications by the League of Women Voters and others.
Attend Town Meeting and meetings of town committees or follow their deliberations by reading the local newspapers. Town Meeting and Select Board meetings are broadcast on the local TV cable channel. Any resident may speak at Town Meeting.
Make your views known to town officials and others involved in town government. Lobbying can be done as an individual or a member of a group. You can telephone, write letters, testify at public hearings, or, when time permits, speak at regular meetings of the appropriate committees.
Become active in a political party.
Seek appointment to a town committee by filling out a Citizen Activity Form, available in the Town Manager's office. To become more familiar with the way a committee works, attend meetings of the committee in which you are interested. Filling out the form does not assure that you will be appointed, but it does assure that you will be considered.
Sponsor a Warrant Article or ballot question. The local New England tradition of participatory democracy has preserved the right of ordinary citizens to take direct action on issues. A citizen who is unable to persuade elected and appointed officials to act or who disagrees with their actions can place the question directly before Town Meeting or the voters at large. You may: Place an article in the Town Meeting Warrant. The signatures of 10 voters will place an article before the Annual Meeting. The signatures of 100 voters are required to place an article before a special town meeting, including the regularly-scheduled spring and fall meetings. A single individual may request a zoning article that affects the person's own property.
Petitioners are urged to speak with the Select Board, the Town Moderator, and appropriate committees and officials before placing articles in the warrant and again prior to town meeting. (See Town Meeting Handbook, available in the Select Board Office.)
Call a special town meeting. A special town meeting must be held if at least 200 registered voters sign a petition requesting the meeting.
Call a referendum to challenge, and possibly reverse, major actions of a town meeting. A referendum may be intiated by filing with the Select Board a petition signed by at least 5% of Amherst's registered voters within 5 days of the conclusion of the town meeting. The outcome of a referendum is determined by the same proportion of votes as would be required in town meeting (2/3 to approve a zoning change, for example). The action of the town meeting is not reversed, however, unless at least 20% of all registered voters vote for reversal. Anyone considering calling a referendum should secure copies of the Amherst Town Meeting Act and the Town Meeting Handbook.
Place a non-binding public opinion advisory question on the town election ballot. This is a lengthy, complex process. See the Town Clerk for information.
To sum up, any citizen can have a voice in local government. By becoming informed and involved, voters strengthen both the democratic process and Amherst town government.
THE OPEN MEETING AND OPEN DOCUMENTS LAWS
The Open Meeting and Open Documents Laws are designed to encourage citizen understanding and involvement in public decision making. The Open Meeting Law (Massachusetts General Laws [MGL], Chapter 39, Section 23A) requires that all committee meetings be open to the public and press unless the committee votes to go into executive session for a purpose permitted by the law. Executive sessions are allowed only for certain narrowly defined purposeswhere public discussion might adversely affect the financial interests of the town, public security, or the personal reputation of an individual. Notice of all meetings must be filed with the Town Clerk and posted on the official bulletin board at least 48 hours in advance, except in emergencies. The law also requires committees to keep minutes.
Citizens who believe that the law has been violated may find that the matter can be resolved through discussions with the committee itself or with the Select Board. If not, they may bring the apparent violation to the attention of the District Attorney.
The Open Document Law (MGL, Ch. 4, Sect. 7) requires that, with certain exceptions, documents, records, and correspondence made and received by officers and employees of state, county, and municipal bodies be open for public scrutiny.
15. RESOLVING DIFFICULTIES
Amherst has long been recognized for the quality of its services and the fairness of its procedures, but misunderstandings and difficulties do occur. Both the town and the schools have developed procedures for handling complaints. In addition, the Civil Rights Review Commission may be called upon when a problem is thought to involve discrimination.
The School System. Concerns and complaints related to the schools should normally be discussed first with the teacher, next referred to the principal or instructional director, and then to the assistant superintendent or superintendent. In addition, complaints about possible violations of civil rights may be referred to the school's affirmative action officer. If the matter cannot be resolved otherwise, the school committee may grant a hearing either in open session or in executive session, in accordance with the state's open meeting law. Finally, if a problem cannot be solved locally, it may be appealed to the State Department of Education.
The Police Department. Formal complaints against the police must be made in writing. Forms are available in both the police station and the Town Manager's office. All written complaints are investigated according to procedures specified by the manager. The manager recommends that anyone considering filing a complaint first discuss the problem with the Police Chief.
Other Town Departments. Town officials recommend that citizens discuss their problems first with the staff members involved. If satisfaction cannot be obtained, further complaints should be addressed to the department head, then the manager. While individual Select Board members stand ready to advise citizens and to bring difficulties to the manager's attention, the board does not intervene formally except in rare cases involving significant policy issues.
The Civil Rights Review Commission (CRRC) was established by the 1970 Annual Town Meeting to assure the benefits of equal opportunity and equal protection of the laws to everyone in the town. (Originally, it was called the Citizens Review Commission.) The by-law charges the commission with assuring that no one's rights are denied because of race, religion, ethnic or national origin, sex, economic status, affectional or sexual preference, lifestyle, or age.
The CRRC, on receiving a written complaint from any person on a matter within its charge, attempts to resolve the situation by voluntary action on the part of the people involved. If such action is insufficient, the CRRC reports the matter to the Select Board, the Massachusetts Commission Against Discrimination (MCAD), the Attorney General, or other appropriate law enforcement agencies.
The CRRC has in the past periodically reviewed the town's affirmative action program, which prohibits the town from discriminating in employment because of the factors listed in the CRRC's charge or on account of ancestry, handicap, or any other non-merit factor. The commission also confers with elected and appointed officials about human relations and human rights.
For more information, ask in the Town Manager's office for two booklets by the CRRC: Your Rights Against Discrimination in the Town of Amherst (1987) and Your Rights and Protection Under the Law, which explains police complaints.
AFTERWORD
One of the primary objectives of the League of Women Voters is to promote political responsibility by increasing citizen participation in, and better understanding of, government. In this publication the Amherst League of Women Voters attempts to provide information about Amherst town government-its history, structure, programs and services, finances, and relationship to other units of government.
Because the challenge of effective self-government increases with the growing complexities and limitations imposed by such measures as Proposition 21/2, the need for citizens to inform themselves, vote, and participate in public policy decisions is critical to the survival of our democracy.
FOR MORE INFORMATION
AMHERST HISTORY Carpenter and Morehouse, History of the Town of Amherst, 1896 Rand, The Village of Amherst, 1958 Greene, editor, Essays on Amherst's History, 1978
AMHERST GOVERNMENT League of Women Voters of Amherst (LWVA), Town Meeting Handbook, 1986 LWVA, Directory of Town Departments and Services (directory, information
about services, state and federal officials), biennial
LWVA, They Represent You (elected officials and Town Meeting members), annual Town of Amherst Appointed Committee Handbook, 1990 Amherst Town Report, annual Amherst Finance Committee Report, annual Special Acts of the Massachusetts General Court for the Town of Amherst
Representative Town Meeting Act (Chapter 10, Acts of 1936 as amended) Town Manager Act (Chapter 11, Acts of 1951 as amended)
By-Laws of the Town of Amherst General By-Laws, Personnel By-Laws, Zoning By-Laws MASSACHUSETTS GOVERNMENT Levitan, Donald with Elwyn E. Mariner, Your Massachusetts Government, 1984 Massachusetts General Laws, Annotated