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