Massachusetts General Law, chapter 39:

Section 15: Moderators; powers and duties

Section 15. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by-law provided another method. If a two thirds, four fifths or nine tenths vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; provided, however, that a town may decide by by-law or vote not to take a count and record the vote if a two-thirds vote of a town meeting is required by statute; and provided, further, that if the vote is unanimous, a count need not be taken, and the clerk shall record the vote as unanimous.

A town may pass by-laws, subject to this section, for the regulation of the proceedings at town meetings. Such by-laws shall be approved and published in the manner prescribed by section thirty-two of chapter forty.

In any town having a representative town meeting form of government the town meeting members shall not use the secret ballot when voting in the exercise of the corporate powers of said town or on any motion unless two thirds of the town meeting members present and voting thereon vote that a secret ballot be used.

Towns

Most towns (well over 200) operate with an Open Town Meeting where any voter is permitted to attend and vote on legislative matters: budgets, bylaws, zoning, etc. Fewer than 50 towns operate with a Representative Town Meeting where voters vote for representatives to attend town meeting. These representative legislative bodies vary from less than 100 to more than 300. Towns of less than 12,000 may not have a city form of government and towns of less than 6,000 must have an open town meeting. The executive authority in towns is held by elected boards of selectmen together with an appointed chief administrative officer called a Town Manager or Town Administrator.

 

The 2/3 vote is when a town has a representative town meeting rather than an open town meeting. There is a difference and we need to know and remember the difference.

posted by Jeff Bennett