Revision: May 11, 2026, 3:45 p.m.
Rep. Horrigan, Straf. 10
Rep. Schultz, Merr. 29
May 11, 2026
2026-1896h
07/05
Floor Amendment to CACR 12
Amend the title of the resolution by replacing it with the following:
RELATING TO: filling vacancies in the house of representatives.
PROVIDING THAT: vacancies in the house of representatives shall be filled in the same manner as in the senate.
Amend the resolution by replacing all after the resolving clause with the following:
I. That article 16 of the second part of the constitution be repealed and reenacted to read as follows:
[Art.] 16. [Vacancies in House, How Filled.] And in case there shall not appear to be a representative elected, by a plurality of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the senate, and such representatives as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the representative wanted for such district; and in this manner all such vacancies shall be filled up, in every district of the state and in case the person receiving a plurality of votes in any district is found by the House of Representatives not to be qualified to be seated, a new election shall be held forthwith in said district. All vacancies in the house of representatives arising by death, removal out of the state, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the governor and council, as soon as may be after such vacancies shall happen. The governor or executive council is authorized to draw a warrant for an election for said sum out of any money in the treasury otherwise not appropriated.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2026.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2026 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2026 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending article 16 of the second part of the constitution to read as follows:
[Art.] 16. [Vacancies in House, How Filled.] And in case there shall not appear to be a representative elected, by a plurality of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the senate, and such representatives as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the representative wanted for such district; and in this manner all such vacancies shall be filled up, in every district of the state and in case the person receiving a plurality of votes in any district is found by the House of Representatives not to be qualified to be seated, a new election shall be held forthwith in said district. All vacancies in the house of representatives arising by death, removal out of the state, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the governor and council, as soon as may be after such vacancies shall happen. The governor or executive council is authorized to draw a warrant for an election for said sum out of any money in the treasury otherwise not appropriated.”
V. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2026 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
VII. Voters' Guide.
AT THE PRESENT TIME, vacancies in the house of representatives are filed in the same manner as a biennial election.
IF THE AMENDMENT IS ADOPTED, vacancies in the house of representatives shall be filled in the same manner as in the senate.
2026-1896h
AMENDED ANALYSIS
This resolution provides that vacancies in the house of representatives shall be filled in the same manner as in the senate.