HOUSE DOCKET, NO. 3251 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Daniel Cahill
_________________
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 relative to increasing voting opportunities in Massachusetts.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Daniel Cahill 10th Essex 2/18/2021
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 HOUSE DOCKET, NO. 3251 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act relative to increasing voting opportunities in Massachusetts.
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 1 of chapter 51 of the General Laws, as appearing in the 2016
2 Official Edition, is hereby amended by striking out the last sentence and inserting in place
3 thereof the following sentence:- A person otherwise qualified to vote for national or state
4 officers, but who has not registered in accordance with the provisions of section 26 of this
5 chapter shall be eligible to register under section 34A.
6 SECTION 2. Section 1F of chapter 51 of the General Laws is hereby repealed.
7 SECTION 3. Said chapter 51, as so appearing, is hereby amended, by striking out section
8 3, as so appearing, and inserting in place thereof the following section: -
9 Section 3. For all elections and primaries, a person shall be registered and may vote in the
10 voting precinct where he resides; provided, however, that any registered voter of a city or town
11 who moves to any other precinct in said city or town or to another city or town may register to
12 vote at his new address by making written application to the city or town clerk no later than the
13 close of registration or in accordance with the provisions of section 34A of this chapter. A new
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14 resident of the city or town may also, upon like application, be registered at the new address by
15 making written application to the city or town clerk no later than the close of registration or in
16 accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each
17 voter making any such written application that the same has been received and that he may vote,
18 subject to the provision of this section regarding the close of registration, in the precinct into
19 which he has moved or in accordance with provisions of section 34A.
20 SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby amended by
21 striking out, in lines 9 and 10, the words “eight o’clock in the evening” and inserting in place
22 thereof, in each instance, the following figure:- 5:00 p.m.
23 SECTION 5. Section 26 of said chapter 51, as so appearing, is hereby further amended by
24 striking the last sentence.
25 SECTION 6. Said chapter 51 is hereby further amended by striking out section 28, as so
26 appearing, and inserting in place thereof the following section: -
27 Section 28. Registrars shall hold a continuous session from 9:00 a.m. until 5:00 p.m. on
28 the last day for registration prescribed under section 26. For those towns having less than 1,500
29 voters, such session shall be sufficient if it includes the time from 9:00 a.m. until 11:00 a.m. and
30 from 3:00 p.m. until 5:00 p.m.
31 SECTION 7. Said chapter 51 is hereby further amended by striking out section 34, as
32 appearing
33 in the 2016 Official Edition, and inserting in place thereof the following section: -
34
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35 Section 34. Except as otherwise provided in section 34A, after 5:00 p.m. of a day on
36 which registration is to cease, the registrars shall not register any person to vote in the next
37 election, except that they shall furnish, or cause to be furnished, to each person waiting in line at
38 the hour of 5:00 pm for the purpose of being registered, a card or slip of identification bearing
39 such person’s name and shall, before registration ceases, permit such person to register.
40 SECTION 8. Said chapter 51 is hereby further amended by inserting after section 34 the
41 following section: -
42 Section 34A. (a) An individual who is eligible to vote may register on the day of an
43 election by appearing in person at the appropriate polling place for the precinct in which they
44 reside, during the hours in which polls are open for voting, by completing a registration
45 application in a form prescribed by the state secretary which complies with identity requirements
46 of 52 U.S.C. section 21083, by presenting to the appropriate election official proof of residency
47 and by making a written oath which shall be as follows: I certify that I: am a citizen of the United
48 States; am at least 18 years old; am not under guardianship that prohibits me from registering
49 and/or voting or otherwise prohibited from voting; am not temporarily or permanently
50 disqualified by law because of corrupt practices in respect to elections; have not and will not vote
51 in any other location within the Commonwealth or elsewhere; have read and understand this
52 statement: I further understand that giving false information is a felony punishable by not more
53 than 5 years imprisonment or a fine of not more than $10,000, or both.
54 (b) For purposes of this section, the term “proof of residence” shall mean 1 of the
55 following, so long as it includes the name of the applicant and the address from which he or she
56 is registering:
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57 (i) a valid photo identification including, but not limited to, a Massachusetts driver’s
58 license or other state-issued identification card; or
59 (ii) other documentation demonstrating the name and address where the applicant
60 maintains residence and seeks to register including, but not limited to, a copy of a current utility
61 bill, bank statement, government check, residential lease agreement, wireless telephone
62 statement, paycheck, other government document or correspondence, a current student fee
63 statement or other document from a post-secondary educational institution that verifies the
64 student’s current address.
65 (c) Upon meeting the identity requirements of subsection (a), production of proof of
66 residence, and the making of an oath sufficient to support registration, the ballot clerk or his
67 designee shall permit the applicant to vote in that election. Any person who registers to vote on
68 the day of an election in accordance with this section shall, absent disqualification, be registered
69 to vote at all subsequent primaries and elections.
70 (d) A registrant who fails to present suitable identification shall be permitted to cast a
71 provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to
72 return within two business days after a state primary or municipal election or within six days
73 following a state election to present sufficient identification to the local election officials in order
74 for the
75 local election officials to determine that the registrant is qualified to vote in such election
76 and whether to count the provisional ballot.
77 (e) Not less than seven days prior to any election, the registrars for each city or town
78 shall publish all polling locations and the applicable dates and hours. Notice shall be
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79 conspicuously posted in the office of the local election officials or on the principal official
80 bulletin board of each city or town, on any other public building considered necessary, on the
81 city or town's website, if any, and on the website of the state secretary.
82 (f) The state secretary shall make available to the election officers at each polling
83 location, to the extent possible, access to the statewide list of registered voters as contained in the
84 central registry of voters set forth in section 47C.
85 (g) The local election officials may correct information supplied by the registrant to
86 the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it
87 appears from the facts set forth in the affidavit that the registrant is not qualified to register as a
88 voter, the local election officials shall proceed in accordance with the provisions of section forty-
89 seven.
90 (h) As soon as practicable after the election, but not more than thirty days after the
91 election, the registrars shall add the registrant’s name, address, and effective date of registration
92 to the annual register of voters.
93 (i) This section shall not apply to an individual seeking to register to vote in any
94 town for the purposes of voting at annual town meeting or special town meeting.
95 (j) A registered voter shall not re- register on the day of a primary or election for the
96 exclusive purpose of altering his party affiliation.
97 (k) The state secretary shall adopt regulations to implement the relevant provisions of
98 this chapter.
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 99 (l) Upon credible information or allegation of illegal voter registration, or credible
100 information or allegation of illegal multiple voting, there shall be an investigation upon the
101 merits of said information or allegation by the attorney general, or by the district attorney having
102 jurisdiction over the municipality in which the alleged illegal registration or illegal multiple
103 voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this
104 section by any means otherwise provided by law.
105 (m) Violations of this section shall be punishable under sections 8, 26 and 27, of
106 chapter 56.
107 SECTION 9. Said chapter 51 is hereby further amended by striking out section 47C, as so
108 appearing, and inserting in place thereof the following section: -
109 Section 47C. Subject to appropriation, the state secretary shall maintain a central registry
110 of voters which shall contain the names, addresses and effective dates of registration of all
111 registered voters in the commonwealth and which shall contain the name, date of birth,
112
113 occupation, veteran status, nationality, if not a citizen of the United States, for street list
114 purposes only, and residence on January first in the preceding year and in the current year, of
115 every person three years of age or older in the commonwealth as provided by registrars. The
116 registrars shall enter and maintain all the information required. The secretary of the
117 commonwealth shall adopt regulations governing the operation of said central registry. The
118 names and addresses of voters and any other information contained in said central registry shall
119 not be a matter of public record; provided however, that such information shall be available upon
120 execution of a license agreement to state party committees, statewide candidate committees, state
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121 ballot question committees, the jury commissioner, adjutant general and any other individual,
122 agency or entity that the state secretary shall designate by regulation consistent with the purposes
123 of this section, at a fair and reasonable cost not to exceed the cost of printing or preparing
124 computer readable documents.
125 SECTION 10. Section 28 of chapter 53 of the General Laws, as appearing in the 2018
126 Official Edition, is hereby amended by striking the first two sentences and inserting in place
127 thereof the following: -
128 State primaries shall be held on the third Tuesday in August preceding biennial state
129 elections and on the fourth Tuesday preceding special state elections, except that primaries
130 before special elections for senator or representative in congress shall be held on the eighth
131 Tuesday preceding said elections. If a religious holiday falls on or immediately before the third
132 Tuesday in August in an even-numbered year, the state primary shall be held on a date set by the
133 state secretary within 7 days of the third Tuesday in August.
134 SECTION 11. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition,
135 is hereby amended by striking section 14 and inserting in place thereof the following: -
136 Section 14. For any primary or election, if the city or town clerk determines in writing
137 that there is a deficiency in the number of required election officers within six weeks of the
138 primary or election, then the appointing authority may appoint election officers without regard to
139 political party membership, voter status, residence in the city or town or inclusion on a list filed
140 by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the
141 position of the warden, clerk or inspector, or the deputy of any such officer, if any, is vacant
142 within the 3 weeks preceding any primary or general election, the city or town clerk may fill the
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143 vacancy by appointing a competent person willing to serve, without regard to political party
144 membership, voter status, residence in the city or town or inclusion on a list filed by a political
145 party committee pursuant to said sections 11B and 12 of said chapter 54.
146 SECTION 12. Section 24 of chapter 54 of the General Laws, as appearing in the 2018
147 Official Edition, is hereby amended by striking and inserting in place thereof the following: -
148 Section 24. The select board, board of selectmen, town council or city council shall, by
149 recorded and public vote, except where charters provide otherwise, designate the polling place
150 for each voting precinct twenty days at least before the biennial state or annual or biennial city
151 election and ten days at least before any special election of a state or city officer therein and
152 cause it to be suitably fitted up and prepared therefor. It shall be in a public, orderly, and
153 convenient portion of
154 the precinct; provided, however that if the aldermen or selectmen determine that the
155 public convenience would be better served, the city council may designate a polling place in an
156 adjacent precinct of a city, and the selectmen may designate a polling place in another precinct of
157 a town or may house all polling places in a single building within the town.
158 In any city or town, if the polling places for two or more precincts are located in the same
159 building and the total number of registered voters in any such two or more precincts does not
160 exceed three thousand, only one set of election officers need be appointed for such precincts, but
161 separate ballot boxes and voting lists for each precinct shall be used. If the select board, board of
162 selectmen or town council determines that the public convenience or public health would be
163 better served, they may house all polling places in a single building within the municipality, if
164 such building is suitably equipped. If, in a town of five precincts or less, all of which are located
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165 in one building, the selectmen so vote, only one warden need be appointed to supervise all such
166 precincts, and the number of inspectors shall be determined by the selectmen, without disturbing
167 the balance between the political parties. There shall, however, be one clerk appointed for each
168 such precinct.
169 In cities, the city council may designate polling places in non-adjacent precincts if they
170 determine the public convenience or public health would be better served.
171 When the polling places have been designated pursuant to this section, the board of
172 registrars shall post on the municipal website and at other such places as it may determine, a
173 description of the polling places and shall notify voters by sending notices by mail to each
174 household effected and using an electronic means, to the extent available, such as via email or
175 reverse 911 call.
176 Alcoholic beverages shall not be served or consumed in that portion of a building used as
177 a polling place, during voting hours or while ballots are being counted therein.
178 If an existing polling place becomes unavailable within 20 days of a regular election or
179 within 10 days of a special election, the select board, board of selectmen, town council or city
180 council shall make every effort to locate a suitable location as close to the existing location as
181 possible and shall notify the state