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| 2 | 2 | | HOUSE . . . . . . . . No. 4217 |
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| 3 | 3 | | The Commonwealth of Massachusetts |
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| 4 | 4 | | ________________________________________ |
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| 5 | 5 | | HOUSE OF REPRESENTATIVES, December 14, 2023. |
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| 6 | 6 | | The committee on House Ways and Means to whom was referred the |
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| 7 | 7 | | Bill protecting the right to time off for voting (House, No. 4153), reports |
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| 8 | 8 | | recommending that the same ought to pass with an amendment |
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| 9 | 9 | | substituting therefor the accompanying bill (House, No. 4217). |
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| 10 | 10 | | For the committee, |
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| 11 | 11 | | AARON MICHLEWITZ. |
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| 12 | 12 | | 2 of 3 |
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| 13 | 13 | | FILED ON: 12/14/2023 |
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| 14 | 14 | | HOUSE . . . . . . . . . . . . . . . No. 4217 |
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| 15 | 15 | | The Commonwealth of Massachusetts |
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| 16 | 16 | | _______________ |
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| 17 | 17 | | In the One Hundred and Ninety-Third General Court |
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| 18 | 18 | | (2023-2024) |
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| 19 | 19 | | _______________ |
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| 20 | 20 | | An Act protecting the right to time off for voting. |
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| 21 | 21 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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| 22 | 22 | | provide time off for voters, therefore it is hereby declared to be an emergency law, necessary for |
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| 23 | 23 | | the immediate preservation of the public convenience. |
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| 24 | 24 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 25 | 25 | | of the same, as follows: |
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| 26 | 26 | | 1 Chapter 149 of the General Laws is hereby amended by striking out section 178 and |
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| 27 | 27 | | 2inserting in place thereof the following section:- |
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| 28 | 28 | | 3 Section 178. (a)(1) Each employer shall allow sufficient time for an employee to exercise |
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| 29 | 29 | | 4their right to vote in person in a state or municipal election in the commonwealth on election day. |
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| 30 | 30 | | 5If a voter does not have sufficient time outside of working hours to vote in person during an |
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| 31 | 31 | | 6election or designated early voting period, the voter may, with paid time off, take off enough |
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| 32 | 32 | | 7working time on election day that, when added to the voting time available outside of working |
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| 33 | 33 | | 8hours, shall enable the employee to vote in person; provided, that the employee shall give the |
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| 34 | 34 | | 9employer not less than 3 business days’ notice. |
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| 35 | 35 | | 10 (2) No employer shall require an employee to vote by mail or to vote during a designated |
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| 36 | 36 | | 11early voting period. 3 of 3 |
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| 37 | 37 | | 12 (3) Employee time off for voting shall be at the beginning or end of the employee’s |
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| 38 | 38 | | 13regular working hours, whichever allows the most time for voting and the least time off from the |
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| 39 | 39 | | 14regular working hours, unless otherwise mutually agreed between the employer and the |
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| 40 | 40 | | 15employee. |
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| 41 | 41 | | 16 (b) Employers shall notify each employee of their rights and responsibilities under this |
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| 42 | 42 | | 17section and shall post notice of said rights and responsibilities in a conspicuous place. Said notice |
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| 43 | 43 | | 18shall be prepared and disseminated by the secretary of the commonwealth, containing such |
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| 44 | 44 | | 19relevant information as the secretary deems necessary pursuant to subsection (a). |
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| 45 | 45 | | 20 (c) An employer who fails to comply with subsection (a) shall provide an aggrieved |
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| 46 | 46 | | 21employee who was not given sufficient time off to vote, pursuant to said subsection (a), a full |
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| 47 | 47 | | 22day’s pay. |
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| 48 | 48 | | 23 (d) The attorney general shall promulgate rules and regulations for the administration and |
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| 49 | 49 | | 24enforcement of this section. |
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