SENATE DOCKET, NO. 967 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
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PRESENTED BY:
Rebecca L. Rausch
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing election day as a legal holiday.
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PETITION OF:
NAME: DISTRICT/ADDRESS:
Rebecca L. Rausch Norfolk, Bristol and Middlesex
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 SENATE DOCKET, NO. 967 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act establishing election day as a legal holiday.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The eighteenth clause of section 7 of chapter 4 of the General Laws is
2 hereby amended by striking out the words “the second Monday in October,” and further
3 amended by adding the following sentence:- “Legal holiday” shall also include Election Day, the
4 first Tuesday in November in even-numbered years; provided, however, that observance of said
5 holiday shall not apply to public employees whose jobs pertain to the operation and
6 administration of elections.
7
8 SECTION 2. Chapter 149 of the general laws is hereby amended by striking out section
9 178 and inserting in place thereof the following section:-
10 Section 178. Paid leave of absence from work for voting.
11 (a) For purposes of this section, the terms ''employer'' and “employee” shall be defined as
12 in section 1 of chapter 175M.
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13 (b) An employee who is eligible to vote shall be entitled, upon request, to take four hours
14 of paid leave to be used for the purpose of casting a ballot in any annual or special municipal or
15 state primary or election. An employee may elect to take their four hours of paid voting leave at
16 any point during the early voting period provided in section 25B of chapter 54, any applicable
17 mail voting period provided chapter 54, or on the date of a primary or election. Employees
18 eligible to observe Election Day as a holiday, as defined in the eighteenth clause of section 7 of
19 chapter 4, shall not be entitled to take additional paid leave pursuant to this paragraph for
20 biennial general elections.
21 (c) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise
22 of, or the attempt to exercise, the right to take paid voting leave under this section as a negative
23 factor in any employment action such as evaluation, promotion, disciplinary action or
24 termination, or otherwise subjecting an employee to discipline for the use of paid voting leave
25 under this section.
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Statutes affected:
Bill Text: 4-7