Massachusetts General Laws

Mass. Gen. Laws ch. 43, § 42 (2026)

Referendum petition; effect on final passage

✓ current as of July 2026

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Section 42. If, within twenty days after the final passage of any measure, except a revenue loan order, by the city council or by the school committee, a petition signed by registered voters of the city, equal in number to at least twelve percent of the total number of registered voters, and addressed to the city council or to the school committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the city clerk, the same shall thereupon and thereby be suspended from taking effect; and the city council or the school committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded within twenty days after the date of the certificate of the registrars, the city clerk shall submit the same, by the method herein provided, to a vote of the registered voters of the city, either at the next regular city election not less than thirty days after said twentieth day, or at a special election which the city council may, in its discretion, call for the purpose, and such measure or part thereof shall forthwith become null and void unless a majority of the registered voters voting on the same at such election vote in favor thereof.

The petition described in this section shall be termed a referendum petition and section thirty-eight shall apply to the procedure in respect thereto, except that the words ''measure or part thereof protested against'' shall for this purpose be understood to replace ''measure'' in said section wherever it may occur, and ''referendum'' shall be understood to replace the word ''initiative'' in said section.

Notes of Decisions

Cited in 17 cases, 1922–2000 · leading case: LaBranche v. A.J. Lane & Co., 537 N.E.2d 119 (Mass. 1989).

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LaBranche v. A.J. Lane & Co., 537 N.E.2d 119 (Mass. 1989). · cites it 8× “” At the same time, they initiated a referendum question pursuant to G. L. c. 43, § 42. As the council did not rescind the amendment, see § 42, it was referred to the voters for a special city election.”

Gould v. City Council, 392 Mass. 302 (Mass. 1984). · cites it 5× “3 The principal issue in this case, which a judge of the Superior Court reported without decision to the Appeals Court on a statement of agreed facts and we transferred here on our own motion, is whether the vote of the city council is a “measure” subject to a referendum under…”

Lafleur v. City of Chicopee, 227 N.E.2d 702 (Mass. 1967). · cites it 4× “See G. L. c. 43, § 42 (as amended through St.”

Dooling v. City Council, 242 Mass. 599 (Mass. 1922). · cites it 2× “No referendum petition was filed as to the order concerning the contract for the erection of the school house, but referendum petitions in form complying with G. L. c. 43, § 42, were seasonably filed as to the orders authorizing and directing the mayor to execute the other three…”

O'Shea v. City of Holyoke, 186 N.E.2d 608 (Mass. 1962). · cites it 3× “The plaintiffs contend that the provisions of G. L. c. 43, § 42 (see fn. 2, supra) were not satisfied in that (1) “the *178 referendum petition was not presented to the [b]card of [a]ldermen .”

Fantini v. Sch. Comm., 285 N.E.2d 433 (Mass. 1972). · cites it 3× “” He decided that “the action of the School Committee in dismissing the Superintendent” was “an executive act or decision” rather than a legislative act, and therefore was not a “measure” subject to referendum under G. L. c. 43, § 42. The plaintiffs and the intervener applied to…”

Andrade v. City Council of Gloucester, 547 N.E.2d 927 (Mass. 1989). “The plaintiffs commenced an action in the Superior Court on February 2, 1989, seeking declaratory and other relief to the effect that the September 27 vote constituted a “measure” subject to referendum under § 9-3 of the Gloucester city charter and the provisions of G. L. c. 43,…”

Carriere v. Bd. of Registrars of Voters, 153 N.E. 564 (Mass. 1926). “It is provided by G. L. c. 43, § 42, that if, “within twenty days after the final passage of any measure by the city council,” a petition for a referendum, signed by the requisite number of voters, “is presented to the city council,” then, if such measure is not rescinded, there…”

Morra v. City Clerk of New Bedford, 163 N.E.2d 268 (Mass. 1960). “The relevant provisions are set out in G. L. c. 43, § 42, as amended through St.”

Opinion of the Justices to the House of Representatives, 352 N.E.2d 678 (Mass. 1976). “See G. L. c. 43, § 42, concerning a referendum in a city after final passage of any “measure,” which is defined in G.”

Sch. Comm. v. Fin. Comm'n, 302 N.E.2d 571 (Mass. 1973). “G. L. c. 43, § 42. Gorman v. Peabody, 312 Mass.”

Benson v. City of Lynn, 269 N.E.2d 266 (Mass. 1971). “” In our opinion the 1931 statute gives to the filing of a referendum petition with the board the same effect a filing with the city council or the city clerk would have had before 1931.”

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