Can Shawn Oliver Hold Both State and Local Office? The Overlooked Constitutional Conflict in the Lt. Gov. Race

New Bedford Ward 3 City Councilor Shawn Oliver says he would like to serve out his term if he is elected Lieutenant Governor of Massachusetts this fall, but that may not be possible under the law.

READ MORE: New Bedford's Shawn Oliver Launches Lt. Governor Bid

"The voters of New Bedford's Ward 3 elected me to do a job, and for the past three years I have worked hard every day to earn and keep their trust," said Oliver, the constable and corrections officer who won a special election in February 2023 to replace Hugh Dunn, who resigned from the council.

Shawn Oliver's Plan to Balance Local and Statewide Duties

"If the voters of the Commonwealth choose change this November and I am fortunate enough to be elected Lt. Governor, I believe I can continue serving through the remainder of my city council term while taking on the responsibilities of statewide office," Oliver said.

But the state Constitution might stand in the way.

New Bedford's Oliver To Keep City Council Seat If Elected Lt. Governor

The Cost of a New Bedford Ward 3 Special Election

"At a time when New Bedford is facing difficult budget decisions and ongoing financial pressures, I do not believe it is fiscally responsible to ask taxpayers to shoulder the cost of a special election that may be avoidable," Oliver said.

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New Bedford Public Information Officer Jonathan Darling said Sec 2-46 of the City Code states, "If a vacancy occurs, before the last six (6) months of the term in office of a councilor elected by and from the voters of a ward, the city council shall forthwith order an election to fill such vacancy for the remainder of the unexpired term."

New Bedford City Clerk Dennis Farias confirmed it. "Should he resign, there would have to be a special Ward 3 election," he said. Farias didn't know how much a special election might cost taxpayers.

New Bedford's Oliver To Keep City Council Seat If Elected Lt. Governor

"If Shawn Oliver becomes Lt. Governor, I am not aware of any law that would require him to resign his Council seat," Farias said. "This is because the two offices are at different 'levels' of government – one municipal."

Municipal vs. State Level: The George Rogers Precedent

As an example, Farias cited the case of George Rogers, who served simultaneously as a New Bedford City Councilor and as a State Representative.

What the Massachusetts Constitution Says About Dual-Office Holding

But Ballotpedia indicated the Massachusetts Constitution seems to say otherwise. Part II, Chapter VI, Article II, states:

"No governor, lieutenant governor, or judge of the Supreme Judicial Court, shall hold any other office or place, under the authority of this commonwealth, except such as by this constitution they are admitted to hold saving that the judges of the said court may hold the offices of justices of the peace through the state; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power whatever."

WBSM's Tim Weisberg sought an opinion from Massachusetts Secretary of State William Galvin's office, but has not yet received a response.

Oliver's term on the city council expires in January 2028. The election for lieutenant governor is on November 3, 2026.