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Reported by us | New Bedford

Would Shawn Oliver have to leave the City Council if he's elected lieutenant governor?

The constitution bars a lieutenant governor from holding any other office or place under the commonwealth's authority. South Coast 360 found no court ruling on whether a city council seat counts.

By the SC360 Town Hall Desk | Published Oct. 20, 2026 | Last verified Oct. 20, 2026, 10:18 a.m. ET

NEW BEDFORD Shawn Oliver would not have to leave the New Bedford City Council on Election Day if he is elected lieutenant governor Nov. 3; he would face the question only if he takes office when the term begins at noon Jan. 7, 2027. From then, the state constitution says a lieutenant governor shall not hold "any other office or place, under the authority of this commonwealth." South Coast 360 found no court ruling on whether a city council seat is such an office.

A spokesperson for Secretary of the Commonwealth William Galvin has said that a winning candidate "has a choice whether or not to take the oath of office." Mike Minogue, the Republican nominee for governor and Oliver's running mate on the ballot, said Monday that Oliver "will not be my lieutenant governor."

Oliver, a Republican who represents Ward 3, suspended his campaign Sunday, the day after a crash on Dartmouth Street that led New Bedford police to charge him with operating under the influence of liquor, negligent operation of a motor vehicle, speeding and a marked lanes violation. A not guilty plea was entered on his behalf Monday in New Bedford District Court. He is presumed innocent unless proven guilty in court.

The bar on another office

Part the Second, Chapter 6, Article II of the constitution reads: "No governor, lieutenant governor, or judge of the supreme judicial court, shall hold any other office or place, under the authority of this commonwealth," apart from offices the constitution itself lets them hold. In 1955 the justices of the Supreme Judicial Court advised that the governor could not accept a seat on a federal civil defense advisory council, which they found to be "both a 'place' and an 'office'" under the constitution. The opinion concerned a federal post, and none of the decisions found addresses a city office or a state job like a correction officer's.

Under Article LXXXII of the Amendments, the next term begins at noon on the Thursday after the first Wednesday in January, which falls on Jan. 7, 2027, and Article VI of the Amendments has every officer take the oath "before he shall enter on the duties of his office."

The state conflict of interest law treats state and city posts separately. It counts anyone holding an office in a state agency, "whether by election, appointment, contract of hire or engagement," as a state employee, and its Section 4, which limits outside pay for state employees, says it "shall not prohibit a state employee from holding an elective or appointive office in a city, town or district." Such an official may not "vote or act on any matter which is within the purview of the agency by which he is employed" or that falls under his official responsibility, the same paragraph says.

Oliver now holds both kinds of post, his council seat and a job with the state Department of Correction, which has placed him on restricted work duty at the Massachusetts Treatment Center "while all facts and circumstances are reviewed," according to an email from department spokesperson Lindsay Corcoran.

If the Ward 3 seat opens

New Bedford runs under Plan B, one of the optional city charters in Chapter 43 of the General Laws, according to the Massachusetts Municipal Association's municipal directory, which lists an 11-member council. A 2025 mayoral vacancy bill filed with the approval of the mayor and City Council cites the Plan B vacancy section. Section 59 gives a Plan B city with seven or fewer wards one councilor from each ward, with the rest elected citywide, and New Bedford has six wards.

"If a vacancy occurs, before the last six months of the term, in the office of a councillor 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," Section 59A says. A citywide seat is filled instead "by a majority vote of all the remaining members of the city council." The Plan B removal section, Section 61, covers "the head of a department or member of a board." It does not mention city councilors.

New Bedford has no procedure for removing an elected official, according to a July news report on a recall measure that the City Council approved in June and sent to the Legislature as a home rule petition. As of Oct. 20, the Legislature's list of bills by city and town showed two New Bedford bills, and neither concerned recall.

The charges and the office

Chapter 279, Section 30, says an office held "under the constitution or laws of the commonwealth" is "vacated from the time of sentence" when the holder is sentenced to state prison for a felony. Chapter 274, Section 1, defines a felony as a crime punishable by state prison and calls all other crimes misdemeanors. The OUI law's base penalty is a fine of $500 to $5,000, imprisonment for up to two and one-half years, or both, and its state prison terms apply only to people with at least two earlier OUI convictions or court-ordered alcohol program assignments. The negligent operation charge carries a fine of $20 to $200, two weeks to two years of imprisonment, or both, under Section 24(2)(a). Neither penalty clause mentions state prison, and the charges as reported do not name a second or later offense.

The ballot

Chapter 53, Section 13, lets a nominee withdraw only within the period set for objections to nominations, and "no such requests for withdrawals shall be received after such time has expired." The secretary's office put that deadline for primary nominees at noon Sept. 4. "It is not possible to withdraw from the ballot at this late stage," the spokesperson said. Chapter 53, Section 14, lets a party fill a nominee's place when the nominee "dies before the day of election, or withdraws his name from nomination, or is found ineligible."

If the ticket wins and Oliver does not take the oath, "there is no procedure in the Massachusetts Constitution to fill a vacancy in the office of lieutenant governor," the spokesperson said.

Related: Why his name stays on the Nov. 3 ballot; If Minogue wins: what the constitution says happens next

What they have said

"After careful reflection, I have made the decision to suspend my campaign for Lieutenant Governor. This election is too important to be overshadowed by personal matters," Oliver said in a statement Sunday. After a City Council Finance Committee meeting Monday night, he was asked what message he had for constituents and said, "I have no comment at this time." He did not answer when asked whether he had spoken with Minogue.

"After speaking with Shawn, I am asking him to suspend his campaign immediately, and when elected, I will formally ask for his resignation," Minogue said Sunday in a statement released by his campaign. Mayor Jon Mitchell said in a statement Sunday, "The allegations against Councilor Oliver are deeply concerning, and the public deserves to hear his explanation of what happened."

Asked by a reporter whether Oliver should resign, Ward 1 Councilor Leo Choquette said, "I have no opinion. I have no comment on that. It's not my decision, and I don't have the power to do it anyway."

NBC 10 News reported Oliver's Monday night remarks, Choquette's comments and the Nov. 16 court date. CBS News Boston also reported the court date and the remarks of Galvin's spokesperson. WCVB reported Oliver's statement, the charges and the mayor's statement. State House News Service reported Minogue's Monday remarks and, in a story with The Associated Press published by NBC Boston, the Department of Correction's statement. The secretary's office spoke to WBSM, which also reported the recall measure and the city's six wards.

What happens next

The state election is Tuesday, Nov. 3. Oliver's next court date in the OUI case is Monday, Nov. 16, in New Bedford District Court.

Label: Reported by us, from the town's posted records.

How we verified this

Every rule in this story is quoted from the state constitution and the general laws as the Legislature posts them on malegislature.gov, read Oct. 20, and the 1955 advisory opinion is quoted from the Massachusetts Reports. New Bedford's Plan B form of government comes from the Massachusetts Municipal Association's directory and from a 2025 petition filed with the approval of the mayor and City Council; we have not read the city's own charter page. The statements from Oliver, Minogue, Mitchell, Choquette, the Department of Correction and the secretary of the commonwealth's office are quoted from the campaign release or as the newsrooms named in the story published them. The Nov. 16 court date was reported by several newsrooms; we have not read the court docket. We checked each date and weekday against a calendar. Not heard: South Coast 360 sought comment from Oliver at his city council email at 5:03 p.m. Oct. 18 and 4:01 p.m. Oct. 19, and no reply had come as of this writing. We will ask Oliver whether he would keep his council seat if elected, ask the State Ethics Commission and the secretary of the commonwealth's office whether the constitution's bar reaches a city council seat or a state job, ask the city clerk how a council vacancy is declared, and add their answers. We did not put this question to the Minogue campaign.

Corrections

No corrections to this story. If something here is wrong, tell us. Every correction is dated on the story and listed in our public log.

Sources (17)

  1. Constitution of the Commonwealth of MassachusettsMassachusetts Legislature. Part the Second, c. 6, Art. II (no other office or place); Amendments Art. VI (the oath) and Art. LXXXII (terms begin). Read Oct. 20, 2026, 7:26 a.m.
  2. Opinion of the Justices to the Governor and Council, 332 Mass. 759 (1955)Justices of the Supreme Judicial Court, March 29, 1955, on the Governor and the Federal Civil Defense Advisory Council; Massachusetts Reports text from the Caselaw Access Project. Read Oct. 20, 2026, 7:32 a.m.
  3. M.G.L. c. 268A, s. 4: Acting as agent or attorney for, or receiving compensation from, a person other than the commonwealth or a state agencyMassachusetts Legislature. The paragraph on elective or appointive city, town or district office. Read Oct. 20, 2026.
  4. M.G.L. c. 268A, s. 1: DefinitionsMassachusetts Legislature. Paragraphs (p), state agency, and (q), state employee. Read Oct. 20, 2026.
  5. M.G.L. c. 43, s. 59: City council; number; election; tenure (Plan B)Massachusetts Legislature. Read Oct. 20, 2026.
  6. M.G.L. c. 43, s. 59A: Vacancies in office of mayor and council; procedure for fillingMassachusetts Legislature. Read Oct. 20, 2026.
  7. M.G.L. c. 43, s. 61: Removals (Plan B)Massachusetts Legislature. Read Oct. 20, 2026.
  8. S.2509: An Act relating to vacancies in the office of mayor in the city of New BedfordMassachusetts Legislature, 194th General Court. Petition of Sen. Mark C. Montigny and Rep. Antonio F. D. Cabral, with approval of the mayor and city council; the bill text opens "Notwithstanding section 59A of chapter 43." Read Oct. 20, 2026.
  9. Massachusetts Municipal Association, forms of government (2017-18 Municipal Directory)Lists NEW BEDFORD (B), Mayor, Council (11); compiled from a survey completed by each municipal clerk. Read Oct. 20, 2026.
  10. Bills by City/TownMassachusetts Legislature, 194th General Court. New Bedford entries: H.2864 and S.2509. Read Oct. 20, 2026, 7:35 a.m.
  11. M.G.L. c. 279, s. 30: Vacation of office from time of sentence to state prisonMassachusetts Legislature. Read Oct. 20, 2026.
  12. M.G.L. c. 274, s. 1: Felonies and misdemeanorsMassachusetts Legislature. Read Oct. 20, 2026.
  13. M.G.L. c. 90, s. 24: Driving while under influence of intoxicating liquor, etc.Massachusetts Legislature. Penalties in paragraph (1)(a)(1) and the subsequent-offense paragraphs. Read Oct. 20, 2026.
  14. M.G.L. c. 53, s. 13: Withdrawal of nominated candidatesMassachusetts Legislature. Read Oct. 20, 2026.
  15. M.G.L. c. 53, s. 14: Death, withdrawal or ineligibility of nominated candidates; filling vacanciesMassachusetts Legislature. Read Oct. 20, 2026.
  16. Mail-in Ballots En Route to Voters for November Election (Oct. 6, 2026)Secretary of the Commonwealth, press release; names Secretary of the Commonwealth William F. Galvin. Read Oct. 19, 2026.
  17. Also reported by: NBC 10 News, CBS News Boston, WCVB, WBSM, NBC Boston, New Bedford Guide.

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