SENATE DOCKET, NO. 1002 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
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 AN ACT FOSTERING VOTING OPPORTUNITIES, TRUST, EQUITY, AND
SECURITY.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS:
Cynthia Stone Creem First Middlesex and Norfolk
Eric P. Lesser First Hampden and Hampshire
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 SENATE DOCKET, NO. 1002 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act AN ACT FOSTERING VOTING OPPORTUNITIES, TRUST, EQUITY, AND
SECURITY.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
immediately foster voting opportunities trust, equity and security, including for elections
occurring in the near future, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.
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. Section 1F of chapter 51 of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by striking out, in line XX, the word “twentieth” and
3 inserting in place thereof the following word:- tenth.
4 SECTION 2. Section 22A of said chapter 51 is hereby repealed.
5 SECTION 3. Section 26 of said chapter 51, as appearing in the 2018 Official Edition, is
6 hereby amended by striking out, in line XX, the words ”twentieth day preceding such election
7 and no later than eight o'clock in the evening on the tenth day preceding a special town meeting”
8 and inserting in place thereof the following words:- tenth day before the election.
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 9 SECTION 4. Said chapter 51 is hereby further amended by inserting after section 34 the
10 following section:-
11 Section 34A. (a) An individual who is eligible to vote may register as a voter by
12 appearing in person at the polling place, during the hours it is open for voting, for the precinct in
13 which the individual is a resident, or by appearing in person at an early voting site for the city or
14 town in which the individual is a resident during the hours it is open for voting, by completing an
15 affidavit of registration, by presenting proof of residence, and by making a written oath which
16 shall be as follows: I certify that I: am a citizen of the United States; am at least 18 years old; am
17 not under guardianship that prohibits me from voting; am not temporarily or permanently
18 disqualified by law because of corrupt practices in respect to elections; have not and will not vote
19 in any other location within the commonwealth or elsewhere; and understand that giving false
20 information is a felony punishable by not more than 5 years imprisonment or a fine of not more
21 than $5,000, or both.
22 (b) As used in this section, the term “proof of residence” means one of the following, so
23 long as it includes the name of the applicant and the address from which the registrant is
24 registering:
25 (i) a valid photo identification including, but not limited to, a Massachusetts driver’s
26 license or other state-issued identification card; or
27 (ii) other documentation demonstrating the name and address where the registrant is a
28 resident and seeks to register including, but not limited to, a copy of a current utility bill, bank
29 statement, government check, residential lease agreement, wireless telephone statement,
30 paycheck, other government document or correspondence, a current student fee statement or
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31 other document from a post-secondary educational institution that verifies the student’s current
32 address.
33 (c) Upon compliance with subsection (a), an election officer shall permit the registrant to
34 vote at that primary or election. Any person who registers to vote under this section shall be
35 registered as a voter at all later primaries and elections, subject to this chapter.
36 (d) A registrant who fails to present suitable proof of residence shall be permitted to
37 deposit a provisional ballot under section 76C of chapter 54, but shall within 2 business days
38 after the primary or within 6 days after the election present sufficient proof of residence to the
39 city or town clerk.
40 (e) The registrars may correct information supplied by the registrant to the extent
41 necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears
42 from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the
43 registrars shall proceed in accordance with section 47 of chapter 51 of the General Laws.
44 (f) As soon as practicable after the election, the registrars shall add the registrant’s name,
45 address and effective date of registration to the annual register of voters.
46 (g) A registered voter shall not change party enrollment at a primary under this section.
47 (h) Upon credible information or allegation of illegal voter registration, or credible
48 information or allegation of illegal multiple voting, the attorney general or the appropriate
49 district attorney shall investigate the information or allegation. Nothing in this subsection shall
50 exclude enforcement by any means otherwise provided by law.
51 (i) Violations of this section shall be punished under sections 8, 26 and 27 of chapter 56.
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52 SECTION 5. Section 42G½ of said chapter 51, as appearing in the 2018 Official Edition,
53 is hereby amended by inserting after the word “vote”, in line 57, the following words:- under
54 subsection (d) of section 65.
55 SECTION 6. Said section 42G½ of said chapter 51 of the General Laws, as so appearing,
56 is hereby amended by striking out subsection (d) and inserting in place thereof the following
57 subsection:-
58 (d) In accordance with the memorandum of understanding required by subsection (b),
59 each eligible applicant for services at an automatic voter registration agency who meets the
60 qualifications to register to vote and does not decline to register to vote under subsection (d) of
61 section 65 shall be registered as a voter under said section 65 as of the date the registrars add the
62 person’s name and address to the register of voters, pursuant to paragraph (4) of said subsection
63 (d) of said section 65; provided, however, that an applicant who meets the qualifications to
64 register to vote, does not decline to register to vote under said subsection (d) of said section 65
65 and completes a qualifying transaction with an automatic voter registration agency not less than
66 21 days before an election shall be entitled to vote in that election. If necessary to comply with
67 federal law, the division of medical assistance and the commonwealth health insurance connector
68 authority may allow an applicant to decline to
69 register to vote at the time of application. Otherwise, all automatic voter registration
70 agencies, including the registry of motor vehicles, shall transmit records of all eligible applicants
71 as provided in subsection (e), and these applicants may decline to register to vote only after
72 receiving notice from the registrars of voters under paragraph (3) of said subsection (d) of said
73 section 65.
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74 SECTION 7. Chapter 54 of the General Laws is hereby amended by inserting after
75 section 16A the following section:-
76 Section 16B. Notwithstanding section 29 of chapter 53 and sections 11, 11B, 12 and 13
77 or any other general or special law to the contrary, for any primary or election, if the city or town
78 clerk determines in writing that there is a deficiency in the number of required election officers,
79 then the appointing authority may appoint election officers without regard to political party
80 membership, voter status, residence in the city or town or inclusion on a list filed by a political
81 party committee pursuant to said sections 11B and 12. If the position of the warden, clerk or
82 inspector, or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the
83 primary or election, the city or town clerk may fill the vacancy by appointing a competent person
84 willing to serve, without regard to political party membership, voter status, residence in the city
85 or town or inclusion on a list filed by a political party committee pursuant to said sections 11B
86 and 12.
87 SECTION 8. Said chapter 54 is hereby further amended by striking out section 25B and
88 inserting in place thereof the following section:-
89 Section 25B. (a) A voter may vote early in person under this section:
90 (1) from the seventeenth day to the fourth day, inclusive, before a biennial state election,
91 and any city or town election held on the same day as a biennial state election;
92 (2) from the tenth day to the fourth day, inclusive, before a presidential or state primary
93 or special state election, and any city or town election held on the same day as a presidential or
94 state primary or special state election;
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 95 (3) during the 10 days before any other city or town election, but only if, and on days and
96 at times, approved by the city or town council or board of selectmen at least 14 days before any
97 such early voting begins, after consulting the city or town clerk.
98 (b) (1) Early voting shall be conducted during the usual business hours of the city or town
99 clerk. The registrars may provide for additional early voting hours beyond the hours required by
100 this section, including weekend hours.
101 (2) In addition, on Saturdays and Sundays during the early voting period before a regular
102 state primary, a presidential primary and a biennial state election, early voting shall be
103 conducted: (i) for municipalities with fewer than 5,000 registered voters, for at least 2 hours each
104 day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered
105 voters, for
106 at least 4 hours each day; (iii) for municipalities with 20,000 or more registered voters but
107 fewer than 40,000 registered voters, for at least 5 hours each day; (iv) for municipalities with
108 40,000 or more registered voters but fewer than 75,000 registered voters, for at least 6 hours each
109 day; and (v) for municipalities with 75,000 or more registered voters, for at least 8 hours each
110 day.
111 (c) The city or town clerk shall establish an early voting site that shall include the election
112 office for the city or town; but if the registrars determine that the office is unavailable or
113 unsuitable for early voting, the registrars shall identify and provide for an alternative centrally-
114 located, suitable and convenient public building within the city or town as an early voting site.
115 The registrars may also decide to provide for additional early voting sites. Each early voting site
116 shall be accessible to persons with disabilities.
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117 (d) Even when no other early voting in person is allowed under this section, voters who
118 state that they will be absent from the city or town throughout the time when polls are open on
119 the day of a primary or election may vote early in person in the office of the city or town clerk,
120 during hours when it is open, until noon of the day before the primary or election.
121 (e) At least 21 days before each biennial state election, the state secretary shall deliver to
122 each city or town clerk, in quantities as the state secretary determines necessary, the following
123 papers: (1) official early voting ballots, similar to the official ballot to be used at the election; and
124 (2) envelopes of sufficient size to contain the ballots specified in clause (1) bearing on their
125 reverse the voter's affidavit in compliance with the requirements of subsection (g).
126 (f) An early voting ballot along with an envelope shall be provided to each voter who
127 participates in early voting.
128 (g) A voter casting a ballot shall complete an affidavit under the state secretary’s
129 regulations, which shall include a notice of penalties under section 26 of chapter 56.
130 (h) Before the beginning of early voting, the registrars shall prepare a list for each early
131 voting sites, containing the names and residences of all voters of the city or town, as the names
132 and residences appear upon the annual register, and shall reasonably transmit this list to the
133 election officers at each early voting site.
134 (i) The election officers at the early voting site shall cause to be placed on the voting lists
135 opposite the name of a qualified voter who participates in early voting the letters ''EV''.
136 (j) The registrars shall prepare lists of all voters casting early voting ballots and update
137 the voting list in a manner prescribed by the state secretary.
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138 (k) The counting of early voting ballots including, but not limited to, informing election
139 officers and any challengers present under section 85A shall be set by regulations of the state
140 secretary. All envelopes referred to in this section shall be retained with the ballots cast at the
141 election
142 and shall be preserved and destroyed in the manner provided by law for the retention,
143 preservation or destruction of official ballots.
144 (l) The state secretary shall adopt regulations to carry out this section including, but not
145 limited to, a process for applying for, receiving, separating, compiling, recording and securing
146 early voting ballots.
147 (m) Section 72 shall not apply to this section; but a city or town may opt to detail a
148 sufficient number of police officers or constables for each early voting site at the expense of the
149 city or town to preserve order, protect the election officers and supervisors from any interference
150 with their duties, and aid in enforcing the laws relating to elections.
151 (n) Except as this section provides otherwise, the laws governing voting on election day
152 at polling places shall apply to early voting in person.
153 SECTION 9. Section 31 of said chapter 54, as appearing in the 2018 Official Edition, is
154 hereby amended by striking out the second paragraph.
155 SECTION 10. Section 37 of said chapter 54, as so appearing, is hereby amended by
156 adding the following paragraph:-
157 The state secretary may adopt regulations to carry out chapters 50 to 54, inclusive.
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158 SECTION 11. Section 67 of said chapter 54, as so appearing, is hereby amended by
159 striking out the first, second, and third sentences and inserting in place thereof the following 3
160 sentences:- One voting list shall be delivered to the ballot clerks and, if the city or town clerk so
161 decides, another to the officer in charge of the ballot box. When a ballot is delivered to a voter,
162 the voter’s name shall be checked on the first voting list and on any second list when the voter
163 deposits the ballot. If there is a second voting list, the officer in charge of the ballot box and the
164 officer in charge of the voting list shall be of different political parties.
165 SECTION 12. Section 83 of said chapter 54, as so appearing, is hereby amended by
166 striking out, in line 1, the words “Except where voting machines are used” and inserting in place
167 thereof the following words:- Where a voting list at the ballot box is used under section 67.
168 SECTION 13. Said chapter 54 is hereby further amended by striking out section 86 and
169 inserting in place thereof the following section:-
170 Section 86. A voter or a specially qualified voter may vote by mail ballot in any primary
171 or election in accordance with sections 87 to 103, inclusive.
172 SECTION 14. Said chapter 54 is hereby further amended by striking out section 89, as
173 amended by section 3 of chapter 115 of the acts of 2020, and inserting in place thereof the
174 following 2 sections:-
175 Section 89. (a) Any form of written communication evidencing a desire to have a mail
176 ballot be sent for use for voting at an election shall be given the same effect as an application
177 made in the form prescribed by the state secretary. An application may be submitted
178 ele