The Lawrence City Council scheduled a vote of no confidence in Mayor Brian DePeña for its meeting at 7 p.m. on Tuesday, October 6, 2026. DePeña faces federal wire fraud and money laundering charges and a 15-count state indictment, and he has refused to resign. He is presumed innocent on all of it.
A no-confidence vote cannot remove him. As NBC10 Boston put it, the council “can’t simply remove DePeña from office.” So what can? We read the Lawrence city charter and the state statute that applies. There are exactly three ways he leaves office before January 2030, and only one of them is in the voters’ hands.
The charges, briefly
- Federal (August 14, 2026): one count of wire fraud and one count of money laundering. Federal prosecutors allege he obtained more than $1.5 million in COVID-era Economic Injury Disaster Loans through Tenares Tire Services, a Lawrence business he owned, and used the money for personal tax debts, his mayoral campaign, and to pay off more than $880,000 in high-interest mortgages, according to Boston 25 News and NBC10.
- State (September 2026): 14 counts of illegal wiretapping and one count of witness intimidation, brought by the Attorney General, over secret audio and video recordings at City Hall. We explained the wiretap law and the charges here.
DePeña was reelected in November 2025 to a second four-year term, which runs until January 2030.
What tonight’s vote does
Nothing, legally. The Lawrence charter does not give the council power to remove a mayor, and a no-confidence vote is a statement, not an order. Council President Jeovanny Rodriguez described it as a vote on confidence in DePeña’s leadership while he faces charges, not on his guilt, NBC10 reported. Rodriguez said that if it passes, “the Mayor needs to rethink his position” on resigning.
The council has also hired an independent auditor, CliftonLarsonAllen, to assess the city’s financial controls. Gov. Maura Healey said Monday that DePeña has “gotta think long and hard about whether he should continue to serve as mayor,” but declined to say he should step down.
DePeña’s response, per NBC10: “the most important trust is the one that god’s people and the people give me every day.”
Way one: resignation
If DePeña resigns, the charter decides who replaces him based on timing. Under the section on a vacancy in the office of mayor, a vacancy “in the first forty-two months of the term” requires the council to “forthwith order a special election to be held not more than 90 days following the date the vacancy is created.” His term began in January 2026, so a vacancy any time before mid-2029 means a special election within 90 days, not an appointment.
Way two: a recall election
Lawrence is one of the Massachusetts cities whose charter allows voters to recall a mayor, and the process has been attempted before, against Mayor William Lantigua in 2011. Section 9.7 of the charter sets out the steps:
- Eligibility. Recall applies to an elected official “whose term exceeds two years with more than twelve months remaining.” DePeña qualifies.
- Affidavit. “One hundred or more voters may file with the city clerk an affidavit containing the name of the officer whose recall is sought and a statement of the grounds.”
- Petition. The clerk issues petition blanks. They must be returned “within thirty days following the date the petitions were issued, signed by at least fifteen percent of the total number of persons registered to vote at the preceding city election.” The registrars then certify the signatures.
- Five days to resign. Once the petition is certified, the council notifies the mayor. If he “does not resign his office within 5 days,” the council must order an election “not less than 65 nor more than 90 days” after certification.
- One ballot, two questions. Voters choose for or against recall, and also vote among candidates to replace him. DePeña cannot be a candidate. If recall wins a majority, the top candidate takes office.
Two details matter. The 30-day signature window is short, and 15 percent is measured against everyone registered, not everyone who voted. And DePeña “shall continue to perform the duties of his office until the recall election.”
Two city councilors told GBH News last month they expect a recall effort. Councilor Marc Laplante said there were active discussions among residents, though he was not calling for one himself. We have not seen a report that an affidavit has been filed.
Way three: a prison sentence
A conviction alone does not remove a Massachusetts official. A sentence can. Under G.L. c. 279, § 30, if a person “sentenced by a court of the commonwealth or of the United States to imprisonment in the state prison or by a court of the United States to a federal penitentiary for a felony holds an office under the constitution or laws of the commonwealth at the time of sentence, it shall be vacated from the time of sentence.” If the conviction is later reversed, the office is restored.
That is a long way off. Neither case has a trial date that we have seen reported, and federal fraud cases often take more than a year to reach trial. Until then, being charged, even indicted twice, does not create a vacancy.
Frequently asked questions
Can the Lawrence City Council remove Mayor DePeña?
No. A no-confidence vote has no legal effect on his office. He can leave by resigning, by losing a recall election under section 9.7 of the Lawrence charter, or if sentenced to prison for a felony under G.L. c. 279, section 30.
How many signatures does it take to recall the mayor of Lawrence?
First, an affidavit signed by at least 100 voters. Then a petition signed by at least 15 percent of the people registered to vote at the preceding city election, returned within 30 days.
What happens if DePeña resigns?
Because the vacancy would occur in the first 42 months of his term, the charter requires a special election within 90 days.
What is DePeña charged with?
Federal wire fraud and money laundering involving more than $1.5 million in COVID disaster loans, and state charges of 14 counts of illegal wiretapping and one count of witness intimidation. He has not been convicted and is presumed innocent.
Sources: NBC10 Boston, October 5-6, 2026; Boston 25 News; GBH News, September 28, 2026. Lawrence City Charter, sections 4.11 and 9.7, read from the city’s posted PDF; G.L. c. 279, section 30 read at malegislature.gov. The outcome of the October 6 vote had not been reported when we published. Brian DePeña is presumed innocent. General information about Massachusetts law, not legal advice.