Think You Can Write In a New LG in Massachusetts? Why That Will Invalidate Your Vote

With Shawn Oliver suspending his campaign for lieutenant governor of Massachusetts following his crash and OUI arrest, many who planned on voting for the Republican ticket on November 3 are wondering if there is some way to select another person to serve as lieutenant governor should Mike Minogue win the gubernatorial race.

The short answer: no.

In Massachusetts, the candidates for governor and lieutenant governor run as one ticket on the general election ballot, and Oliver’s name already appears on the printed ballots. In addition, early voting began on Saturday, October 17, so ballots have already been cast with Oliver’s name on them.

Town of Ipswich MA via Facebook

According to the Office of the Secretary of the Commonwealth, a candidate nominated in the state primary had until 12 p.m. on September 4 to withdraw their name from the November 3 state election ballot.

“At this time, all ballots have been printed, and nearly 300,000 Massachusetts voters have already cast their ballots. It is not possible to withdraw from the ballot at this late stage,” a spokesperson told WBSM.

READ MORE: Shawn Oliver Suspends Campaign for Lieutenant Governor

Ahead of the September primary, there was a movement among Republicans to not vote for Oliver, who was the only Republican LG candidate on the ballot after both Anne Manning Martin and Anne Brensley were disqualified due to fraudulent signatures. Instead, voters were encouraged to write in Martin’s name for lieutenant governor instead. Brensley, who had been Minogue’s original choice for a running mate, had already launched a write-in campaign for Secretary of the Commonwealth.

A write-in candidate for lieutenant governor was possible during the primary because the governor and lieutenant governor appear separately on the ballot, but for the general election, they run as a combined ticket and cannot be separated.

In his statement Sunday following the news that Oliver had been charged with OUI and other offenses, Minogue said, “After speaking with Shawn, I am asking him to suspend his campaign immediately, and when elected, I will formally ask for his resignation.”

READ MORE: Minogue Asks Oliver to Suspend LG Campaign Following OUI Arrest

That led to a lot of misinformation on social media from people commenting on the story about how to vote for Minogue and another person for lieutenant governor, but that’s just not possible. Let’s go through them and explain why.

Wrong Idea No. 1: Vote for Minogue-Oliver and Then Write In Another Person for Lieutenant Governor

That won’t work. If you fill out the oval voting to vote for Minogue and Oliver, and then want to write in Martin or anyone else for lieutenant governor, you’d have to fill out the write-in oval, too. That would mean you have voted for two options when the ballot only allows for one, which would nullify your vote and “blank out” that office on your ballot.

Wrong Idea No. 2: Just Vote for a Write-In and Write Minogue’s Name Along With Another Person for Lieutenant Governor

Nope, that doesn’t work, either. Massachusetts General Law prevents you from writing in a candidate whose name is already printed on the ballot. If you wrote in Minogue’s name, that would also “blank out” your ballot.

How Overvoting Invalidates Your Massachusetts Ballot

Both scenarios are what is considered to be “overvoting.”

“Voters should not overvote, which is what they would be doing if they fill in the bubble for a candidate and write in a candidate for the same office. They also should not write-in the name of a candidate already listed on the ballot. Both of those actions would cause that office to be tallied as a blank vote,” the spokesperson said.

Who Becomes Lieutenant Governor If Mike Minogue Wins and Shawn Oliver Resigns?

Nobody. There is no mechanism in the Massachusetts Constitution to replace a lieutenant governor. That means no special election can be called, and a Governor Minogue would not be able to appoint anyone. The office would remain empty until after the next election for the position.

“If elected, a candidate has a choice whether or not to take the oath of office. Were someone to be elected and decline to take the oath, there is no procedure in the Massachusetts Constitution to fill a vacancy in the office of lieutenant governor,” the spokesperson for the Office of the Secretary of the Commonwealth said.

There have been instances in the past when Massachusetts did not have a lieutenant governor. Two such examples were when Lieutenant Governor John Kerry won election to the U.S. Senate in 1984, and the LG office was vacant from January 2, 1985 to January 8, 1987, and when Tim Murray resigned to become President and CEO of the Worcester Chamber of Commerce (around his own auto crash controversy at that time), the LG office was vacant from June 2, 2013 to January 8, 2015.

Could Shawn Oliver Refuse to Resign If His Ticket Wins?

Yes. Just because a Governor Minogue would ask Oliver to resign, he does not have to, and the governor does not have the authority to fire the lieutenant governor, since they are elected by the people.

If Oliver refused to resign – which is highly unlikely, but still a possibility – the only way he could be removed from office would be through impeachment by the Massachusetts Legislature. The State Senate would act as the court of impeachment and try the charges, and it would take a two-thirds vote of the Senate to convict and remove Oliver.

What Happens If Minogue Wins, Oliver Resigns, and Then Something Happens to Minogue?

Next in the line of succession behind the governor and the lieutenant governor is the secretary of the Commonwealth, then the state attorney general, then the state treasurer, then the state auditor. It’s important to note that if that happens, the person does not actually get elevated to the position of governor under the Massachusetts Constitution. They can only become Acting Governor, executing the full duties of the office without earning the full title.

Oliver pleaded not guilty to all charges on Monday in New Bedford District Court. He is set to return to court on November 16.