King v. Town Clerk of TownsendAnnotate this Case
The Supreme Judicial Court held that a recall election to remove Plaintiff, a member of the board of selectmen of the town of Townsend, from office pursuant to the town’s recall act may not proceed because the act provides for a recall vote to take place only on grounds not alleged here.
In 2017, Petitioners, ten registered voters residing in the town, submitted to the town clerk a petition seeking to recall Plaintiff, citing malfeasance and neglect of duty as grounds for the recall. Plaintiff commenced an action to enjoin the recall election, contending that the allegations made against her were legally insufficient to initiate a recall under the act. The superior court denied Plaintiff’s motion for a preliminary injunction, but a single justice of the Appeals Court ordered that a preliminary injunction issue. The Court of Appeals affirmed, holding that the recall election may not proceed because the allegations in the affidavit supporting the petition for recall do not fall within the act’s enumerated grounds.