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H 4108

An Act relative to the death of a candidate running for public office

194th Legislature (2025-2026) Introduced by Kate Donaghue

If a candidate dies after the primary but wins the general for state rep or senator, it is a failure to elect and a new election must be held.

Hearing scheduled for 06/17/2025 from 01:00 PM-05:00 PM in B-1
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Bill Summary · H 4108

Summary: H 4108 – An Act relative to the death of a candidate running for public office

Overview

H 4108, introduced May 12, 2025, proposes amendments to Massachusetts law to address what happens if a candidate dies after the primary election but still wins the general election for state representative or state senator. The bill was scheduled for a hearing on June 17, 2025 (1:00 PM–5:00 PM, in B-1) and has already seen Senate concurrence in May 2025. The bill is labeled as a House bill (HD 4108) with a related replacement bill listed as HD 2142.

Key Provisions

  • Clerical correction (Section 1): Amends Section 14 of Chapter 53 to replace the word “compromising” with “comprising.” This is a housekeeping adjustment.

  • New provision (Section 2): Adds a new Section 14A to Chapter 53 with the following effect:

    • If a candidate for the office of state representative or state senator dies after the primary election and the vacancy has not been filled under Section 14, and that candidate receives the most votes in the general election, it shall be a “failure to elect.”
    • In that case, an election must be held to fill the vacancy, pursuant to Section 147 of Chapter 54.

Who is Affected

  • State legislative elections: candidates for state representative and state senator.
  • Voters in those districts, and local election officials who administer elections under Chapter 53 and Chapter 54.
  • The executive/administrative processes tied to vacancy fillings and special elections in Massachusetts.

Procedural and Timeline Aspects

  • Introduced: May 12, 2025.
  • Referred to the Committee on Election Laws: May 12, 2025.
  • Senate action: Concurred May 15, 2025.
  • Hearing: Scheduled for June 17, 2025, from 1:00 PM to 5:00 PM in room B-1.
  • No explicit effective date is provided in the text provided; practical effect would depend on enactment and publication.

Potential Impact

  • Clarifies and ensures a definitive process if a deceased candidate wins the general election after the primary, mandating a new election for the seat to avoid a vacancy or uncertainty in representation.
  • Introduces additional election costs and logistics to fill such vacancies (via Section 147 of Chapter 54).
  • Provides a clear statutory remedy to avoid “dead candidate” ambiguity in representation.

Next Steps

  • Monitor the outcome of the June 17, 2025 hearing and any subsequent floor actions in the House/Senate.
  • If enacted, anticipate implementing regulations and timelines for scheduling the new election and notifying affected parties.

Compiled from official sources — confirm details with the bill’s official record.

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