Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S407 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 819 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 407
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael D. Brady
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to election day registration.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael D. BradySecond Plymouth and Norfolk 1 of 6
16	16	SENATE DOCKET, NO. 819 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 407
18	18	By Mr. Brady, a petition (accompanied by bill, Senate, No. 407) of Michael D. Brady for
19	19	legislation relative to election day registration. Election Laws.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to election day registration.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2018
29	29	2Official Edition, is hereby amended by striking out the last sentence and inserting in place
30	30	3thereof the following sentence:- A person otherwise qualified to vote for national or state
31	31	4officers, but who has not registered in accordance with the provisions of section 26 of this
32	32	5chapter shall be eligible to register under section 34A.
33	33	6 SECTION 2. Section 1F of chapter 51 of the General Laws is hereby repealed.
34	34	7 SECTION 3. Said chapter 51, as so appearing, is hereby amended, by striking out section
35	35	83, as so appearing, and inserting in place thereof the following section:-
36	36	9 Section 3. For all elections and primaries, a person shall be registered and may vote in the
37	37	10voting precinct where he resides; provided, however, that any registered voter of a city or town
38	38	11who moves to any other precinct in said city or town or to another city or town may register to
39	39	12vote at his new address by making written application to the city or town clerk no later than the 2 of 6
40	40	13close of registration or in accordance with the provisions of section 34A of this chapter. A new
41	41	14resident of the city or town may also, upon like application, be registered at the new address by
42	42	15making written application to the city or town clerk no later than the close of registration or in
43	43	16accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each
44	44	17voter making any such written application that the same has been received and that he may vote,
45	45	18subject to the provision of this section regarding the close of registration, in the precinct into
46	46	19which he has moved or in accordance with provisions of section 34A.
47	47	20 SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby amended by
48	48	21striking the last sentence.
49	49	22 SECTION 5. Said chapter 51 is hereby further amended by striking out section 34, as
50	50	23appearing in the 2018 Official Edition, and inserting in place thereof the following section:-
51	51	24 Section 34. Except as otherwise provided in section 34A, after 5:00 p.m. of a day on
52	52	25which registration is to cease, the registrars shall not register any person to vote in the next
53	53	26election, except that they shall furnish, or cause to be furnished, to each person waiting in line at
54	54	27the hour of 5:00 pm for the purpose of being registered, a card or slip of identification bearing
55	55	28such person’s name and shall, before registration ceases, permit such person to register.
56	56	29 SECTION 6. Said chapter 51 is hereby further amended by inserting after section 34 the
57	57	30following section:-
58	58	31 Section 34A. (a) An individual who is eligible to vote may register on the day of an
59	59	32election by appearing in person at the appropriate polling place for the precinct in which they
60	60	33reside, during the hours in which polls are open for voting, by completing a registration
61	61	34application in a form prescribed by the state secretary which complies with identity requirements 3 of 6
62	62	35of 52 U.S.C. section 21083, by presenting to the appropriate election official proof of residency
63	63	36and by making a written oath which shall be as follows: I certify that I: am a citizen of the United
64	64	37States; am at least 18 years old; am not under guardianship that prohibits me from registering
65	65	38and/or voting or otherwise prohibited from voting; am not temporarily or permanently
66	66	39disqualified by law because of corrupt practices in respect to elections; have not and will not vote
67	67	40in any other location within the Commonwealth or elsewhere; have read and understand this
68	68	41statement: I further understand that giving false information is a felony punishable by not more
69	69	42than 5 years imprisonment or a fine of not more than $10,000, or both.
70	70	43 (b) For purposes of this section, the term “proof of residence” shall mean 1 of the
71	71	44following, so long as it includes the name of the applicant and the address from which he or she
72	72	45is registering:
73	73	46 (i) a valid photo identification including, but not limited to, a Massachusetts driver’s
74	74	47license or other state-issued identification card; or
75	75	48 (ii) other documentation demonstrating the name and address where the applicant
76	76	49maintains residence and seeks to register including, but not limited to, a copy of a current utility
77	77	50bill, bank statement, government check, residential lease agreement, wireless telephone
78	78	51statement, paycheck, other government document or correspondence, a current student fee
79	79	52statement or other document from a post-secondary educational institution that verifies the
80	80	53student’s current address.
81	81	54 (c) Upon meeting the identity requirements of subsection (a), production of proof of
82	82	55residence, and the making of an oath sufficient to support registration, the ballot clerk or his
83	83	56designee shall permit the applicant to vote in that election. Any person who registers to vote on 4 of 6
84	84	57the day of an election in accordance with this section shall, absent disqualification, be registered
85	85	58to vote at all subsequent primaries and elections.
86	86	59 (d) A registrant who fails to present suitable identification shall be permitted to cast a
87	87	60provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to
88	88	61return within two business days after a state primary or municipal election or within six days
89	89	62following a state election to present sufficient identification to the local election officials in order
90	90	63for the local election officials to determine that the registrant is qualified to vote in such election
91	91	64and whether to count the provisional ballot.
92	92	65 (e) Not less than seven days prior to any election, the registrars for each city or town shall
93	93	66publish all polling locations and the applicable dates and hours. Notice shall be conspicuously
94	94	67posted in the office of the local election officials or on the principal official bulletin board of
95	95	68each city or town, on any other public building considered necessary, on the city or town's
96	96	69website, if any, and on the website of the state secretary.
97	97	70 (f) The state secretary shall make available to the election officers at each polling
98	98	71location, to the extent possible, access to the statewide list of registered voters as contained in the
99	99	72central registry of voters set forth in section 47C.
100	100	73 (g) The local election officials may correct information supplied by the registrant to the
101	101	74extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it
102	102	75appears from the facts set forth in the affidavit that the registrant is not qualified to register as a
103	103	76voter, the local election officials shall proceed in accordance with the provisions of section forty-
104	104	77seven. 5 of 6
105	105	78 (h) As soon as practicable after the election, but not more than thirty days after the
106	106	79election, the registrars shall add the registrant’s name, address and effective date of registration
107	107	80to the annual register of voters.
108	108	81 (i) This section shall not apply to an individual seeking to register to vote in any town for
109	109	82the purposes of voting at annual town meeting or special town meeting.
110	110	83 (j) A registered voter shall not re-register on the day of a primary or election for the
111	111	84exclusive purpose of altering his party affiliation.
112	112	85 (k) The state secretary shall adopt regulations to implement the relevant provisions of this
113	113	86chapter.
114	114	87 (l) Upon credible information or allegation of illegal voter registration, or credible
115	115	88information or allegation of illegal multiple voting, there shall be an investigation upon the
116	116	89merits of said information or allegation by the attorney general, or by the district attorney having
117	117	90jurisdiction over the municipality in which the alleged illegal registration or illegal multiple
118	118	91voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this
119	119	92section by any means otherwise provided by law.
120	120	93 (m) Violations of this section shall be punishable under sections 8, 26 and 27, of chapter
121	121	9456.
122	122	95 SECTION 7. There shall be an advisory committee on the implementation of Election
123	123	96Day registration. Among other issues it may consider, the advisory committee shall study the
124	124	97resources necessary for, costs associated with, and feasibility of providing every polling location
125	125	98with real-time electronic access to the statewide database of registered voters. The advisory 6 of 6
126	126	99committee shall be comprised of the secretary of state, or a designee, who shall chair the
127	127	100advisory committee, the attorney general, or a designee, the house and senate chairs of the joint
128	128	101committee on election laws, or their designees, 2 representatives of the Massachusetts Town
129	129	102Clerks Association, at least 1 of whom shall be a town clerk from a town of under 5,000
130	130	103residents, 2 representatives of the Massachusetts City Clerks Association, and at least 2
131	131	104representatives from the election laws advocacy community or from a non-partisan voter
132	132	105education group or network who shall be appointed by the secretary. The advisory committee
133	133	106shall complete its study on the implementation of election day registration and submit an interim
134	134	107report and recommendations for improving administration of election day registration, in writing,
135	135	108to the joint committee on election laws and the senate and house committees on ways and means
136	136	109on or before December 1, 2023, and the advisory committee shall submit its final report in
137	137	110writing to the joint committee on election laws and the senate and house committees on ways and
138	138	111means on or before December 1, 2024.
139	139	112 SECTION 8. Sections 3 and 6 of this act shall take effect on August 1, 2023.