Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2799 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2799
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, May 30, 2024.
8	8	The committee on Election Laws to whom was referred the petition (accompanied by bill,
9	9	Senate, No. 410) of Cynthia Stone Creem, Sal N. DiDomenico, Jason M. Lewis, John F. Keenan
10	10	and other members of the Senate for legislation to make voting administrative changes to create
11	11	equitable systemic solutions, report the accompanying bill (Senate, No. 2799).
12	12	For the committee,
13	13	John F. Keenan 1 of 5
14	14	FILED ON: 5/28/2024
15	15	SENATE . . . . . . . . . . . . . . No. 2799
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act making voting administrative changes to create equitable systemic solutions.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 4 of chapter 51 of the General Laws, as appearing in the 2022
25	25	2Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof
26	26	3the following subsection:-
27	27	4 (c) In any city or town which communicates with residents by mail for the purpose of
28	28	5obtaining such information, registrars, assistant registrars or boards may require a response under
29	29	6the penalties of perjury.
30	30	7 SECTION 2. Said chapter 51 is hereby further amended by striking out sections 37, 37A,
31	31	8and 38 and inserting in place thereof the following 2 sections:-
32	32	9 Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes
33	33	10called the register or the annual register, which shall contain the names and residential addresses
34	34	11of all registered voters in their city or town, and which the state secretary shall reflect in the
35	35	12central registry of voters under section 47C. The registrars shall add to the register the name and
36	36	13address of every person registering to vote under section 33A or 42 or automatically registered 2 of 5
37	37	14under sections 42G½ and 65. They shall correct any error in the register after due investigation,
38	38	15but they shall not remove any name from the register except as subsection (c) provides.
39	39	16 (b) The register shall not include the name of a voter who provides the registrars with a
40	40	17copy of a court order granting protection, or evidence of residence in a protective shelter, or an
41	41	18affidavit signed by a chief of police or designee that the voter is entitled to have certain
42	42	19information withheld from the public under section 24C of chapter 265.
43	43	20 (c) The registrars shall remove a voter’s name and address from the register if and only if:
44	44	21 (1) the voter so requests in writing;
45	45	22 (2) they receive notice from the city or town clerk under section 14 that the voter has
46	46	23died;
47	47	24 (3) they receive official written notice that the voter is incarcerated after conviction of a
48	48	25felony, is disqualified by law because of corrupt practices in respect to elections, or is under
49	49	26guardianship that prohibits voting;
50	50	27 (4) they receive official written notice that the voter is registered to vote in another
51	51	28jurisdiction;
52	52	29 (5) they find that the voter is illegally or incorrectly registered after complaint, notice,
53	53	30and hearing under sections 48 and 49; or
54	54	31 (6) the voter no longer resides in their city or town, as determined under section 38.
55	55	32 (d) The state secretary may adopt regulations to carry out this section and section 38. The
56	56	33state secretary shall, to the extent possible, automate processes under this section and section 38, 3 of 5
57	57	34using the central registry of voters under section 47C. This section and section 38 apply to every
58	58	35city and town, notwithstanding any general or special law to the contrary.
59	59	36 Section 38. (a) The registrars shall maintain an inactive voters list under this section.
60	60	37Except during the 90 days immediately before a presidential or regular state primary or biennial
61	61	38state election, the registrars shall remove a voter’s name and address from the register of voters
62	62	39and add it to the inactive voters list, if and only if they receive information that the voter no
63	63	40longer resides in their city or town from:
64	64	41 (1) change-of-address information supplied by the United States Postal Service or its
65	65	42licensee; or
66	66	43 (2) the Electronic Registration Information Center, Inc. under section 47C.
67	67	44 (b) If the registrars receive information under subsection (a) showing that the voter has
68	68	45changed residence within their city or town, they shall update the voter’s address in the register
69	69	46accordingly, and shall notify the voter in writing.
70	70	47 (c) Whenever the registrars remove a voter’s name and address from the register of voters
71	71	48and add it to the inactive voters list under subsection (a), they shall mail to the voter at the
72	72	49address in the register notice that the name of the voter may be removed from the voting list if
73	73	50the voter fails to respond to the notice and does not vote during the period ending with the
74	74	51second biennial state election following the mailing of the notice. The notice shall (1) be postage
75	75	52prepaid; (2) contain a preaddressed and postage prepaid return card; (3) be sent by forwardable
76	76	53mail; (4) instruct the voter to return the card before the last day to register if the voter did not
77	77	54change residence from the city or town; and (5) contain additional information about remaining
78	78	55eligible to vote, as prescribed by the state secretary. 4 of 5
79	79	56 (d) A voter whose name is on the inactive voters list may vote on a regular ballot upon
80	80	57the voter’s written affirmation of continued residence in the city or town.
81	81	58 (e) The registrars shall restore to the register of voters the name and address of a voter on
82	82	59the inactive voters list who notifies them in writing of continued residence in the city or town or
83	83	60who votes in any primary or election, applies for a mail ballot, signs a nomination paper or
84	84	61petition for a ballot question, or performs any other official election-related act, using an address
85	85	62in their city or town
86	86	63 (f) After 2 biennial state elections following the mailing of the notice under subsection
87	87	64(c), the registrars shall remove from the inactive voters list the name of a voter that has not been
88	88	65restored to the register under subsection (e). The registrars shall mail forwardable notice to the
89	89	66voter that they have done so, including information about remaining eligible to vote, as
90	90	67prescribed by the state secretary.
91	91	68 SECTION 3. Section 42 of said chapter 51, as appearing in the 2022 Official Edition, is
92	92	69hereby amended by striking out the second sentence.
93	93	70 SECTION 4. Whenever the term “annual register of voters” or “annual register,”
94	94	71meaning the annual register of voters, appears in any statute, charter, regulation, contract, or
95	95	72other document, that term means the register of voters established in section 37 of chapter 51 of
96	96	73the General Laws.
97	97	74 SECTION 5. Chapter 54 of the General Laws is hereby amended by inserting after
98	98	75section 24 the following section:- 5 of 5
99	99	76 Section 24A. To ensure compliance with federal and state laws concerning accessibility
100	100	77for voters with disabilities including the state secretary’s polling place accessibility regulations,
101	101	78an agent of the state secretary shall inspect, at least once every four years, each polling place
102	102	79most recently designated under section 24 and each early voting site most recently designated
103	103	80under subsection (b) of section 25B. The inspecting agent shall promptly and specifically report
104	104	81in writing to the state secretary and the city or town clerk every failure to comply with state and
105	105	82federal accessibility laws, and the responsible officials of the city or town shall take immediate
106	106	83action to ensure access for voters with disabilities and within 5 days submit to the state secretary
107	107	84a written plan to comply. If the city or town fails to take such immediate action or to submit a
108	108	85written plan to provide access to voters with disabilities, the state secretary may order the city or
109	109	86town to comply with the law. Not later than December 31 each year, the state secretary shall
110	110	87report in writing to the clerks of the senate and house of representatives on all activities under
111	111	88this section. The attorney general may bring a civil action in the superior court to enforce
112	112	89compliance with those accessibility laws, with a written plan, or with the state secretary’s order.
113	113	90The actions provided in this section shall not limit the availability of judicial remedies to any
114	114	91person, official, commission or board.