Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2274 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1993 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2274
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
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 authorizing remote participation at town meeting.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/15/2025Patrick Joseph Kearney4th Plymouth1/16/2025James C. Arena-DeRosa8th Middlesex3/7/2025David F. DeCoste5th Plymouth1/22/2025James B. EldridgeMiddlesex and Worcester2/10/2025Mary S. Keefe15th Worcester3/4/2025David Paul Linsky5th Middlesex2/6/2025Michael O. MooreSecond Worcester3/6/2025Danillo A. Sena37th Middlesex3/10/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1993 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2274
18	18	By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 2274) of
19	19	Carmine Lawrence Gentile and others relative to authorizing any town meeting to be held
20	20	through remote participation or a hybrid of in-person and remote participation. Municipalities
21	21	and Regional Government.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act authorizing remote participation at town meeting.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 39 of the general laws, as appearing in the 2022 Official Edition, is hereby
31	31	2amended by inserting after Section 10A the following section:
32	32	3 SECTION 10B.
33	33	4 (a) In a town having a representative or open town meeting form of government, the town
34	34	5moderator may, in consultation with the select board and local public safety or public health
35	35	6officials, call for any town meeting to be held through remote participation or a hybrid of in-
36	36	7person and remote participation, including, but not limited to, by means of a video or telephone
37	37	8conferencing platform. If a town does not have a moderator, the select board may call for any
38	38	9town meeting to be held through remote participation or a hybrid of in-person and remote
39	39	10participation in accordance with this paragraph. 2 of 5
40	40	11 (b) A notice of decision to hold town meeting through remote participation or a hybrid of
41	41	12in-person and remote participation shall be prepared by the moderator and printed in a legible,
42	42	13easily understandable format and shall contain: (i) the moderator’s determination and request to
43	43	14hold a town meeting through remote participation or a hybrid of in-person and remote
44	44	15participation in accordance with this section; (ii) the video or telephone conferencing platform
45	45	16the moderator has determined to use to hold the town meeting; (iii) confirmation that the
46	46	17moderator has consulted with the local disability commission or coordinator for federal
47	47	18Americans with Disabilities Act compliance; (iv) confirmation that the moderator has consulted
48	48	19with the select board; and (v) a certification by the moderator that: (A) the moderator has tested
49	49	20the video or telephone conferencing platform; and (B) the platform satisfactorily enables the
50	50	21remote portion of the town meeting to be conducted in substantially the same manner as if the
51	51	22meeting occurred in person at a physical location and in accordance with the operational and
52	52	23functional requirements set forth in this section.
53	53	24 (c) A video or telephone conference platform used by a town meeting for remote
54	54	25participation under this section shall, at minimum:
55	55	26 (i) strictly limit voting at an open, remote, or hybrid town meeting to only those
56	56	27confirmed by the town clerk to be eligible to vote at that meeting, Each person deemed eligible
57	57	28to vote shall be provided with appropriate physical or technological participation credentials
58	58	29designed to allow remote participation of all eligible voters while also establishing regularity in
59	59	30administration, minimizing inaccurate results and creating and maintaining a virtual and physical
60	60	31environment free from fraud; 3 of 5
61	61	32 (ii) enable the moderator, voters, representative town meeting members, town officials
62	62	33and any other interested members of the public to identify and hear the moderator and each voter
63	63	34or other speaker recognized by the moderator, whether remotely or in person;
64	64	35 (iii) if applicable, determine whether a quorum is present;
65	65	36 (iv) enable a voter, town meeting member, town official or other individual authorized to
66	66	37participate in the meeting to request recognition by the moderator without prior authorization,
67	67	38consistent with any town meeting rules established by bylaw, charter or special act. To the extent
68	68	39technologically feasible, the request shall be visible or audible to the town meeting and the
69	69	40public in real time and upon review of the recording of the town meeting proceedings, preserved
70	70	41according to subsection (h);
71	71	42 (v) enable the moderator to determine when a remote or in person voter wishes to be
72	72	43recognized to speak, make a motion, raise a point of order or object to a request for unanimous
73	73	44consent;
74	74	45 (vi) enable the moderator to recognize a remote or in person voter, town official or other
75	75	46individual to speak and to enable that person to speak;
76	76	47 (vii) in the case of a representative town meeting, enable the moderator the ability to
77	77	48conduct a roll call vote;
78	78	49 (viii) enable any interested members of the public to access the meeting remotely for
79	79	50purposes of witnessing the deliberations and actions taken at the town meeting, subject to the
80	80	51provisions of any municipal charter; and
81	81	52 (ix) enable the town meeting to be recorded. 4 of 5
82	82	53 (d) (i) Registered voters, other than representatives elected or appointed in accordance
83	83	54with applicable state or local law, seeking to participate remotely in a representative town
84	84	55meeting shall, not less than 48 hours in advance, submit to the town moderator a request to
85	85	56participate in the meeting. Upon receipt of the request and verification of the requester’s voter
86	86	57registration status, the designated official shall provide appropriate physical or technological
87	87	58participation credentials; nothing herein shall be construed to require greater participation by
88	88	59voters or non-town meeting members than required by any applicable general or special law or
89	89	60municipal charter.
90	90	61 (ii) Eligible registered voters seeking to participate remotely in an open town meeting
91	91	62shall be provided with instructions, no later than 48 hours in advance, as to how to access
92	92	63appropriate physical or technological participation credentials; provided, however that the
93	93	64inability to comply with this subparagraph shall require that the meeting be delayed until a
94	94	65quorum is reached or 30 minutes has passed, whichever occurs later.
95	95	66 (e) Prior to taking up any business at a remote or hybrid town meeting, and following the
96	96	67determination of a quorum, if applicable, the meeting shall vote on whether to commence the
97	97	68business of the meeting using remote or hybrid access. If the town meeting votes to continue,
98	98	69then the town meeting shall proceed to hold a remote or hybrid meeting to address the articles in
99	99	70the warrant. If the town meeting votes not to conduct the town meeting by remote or hybrid
100	100	71means, then the town meeting shall be adjourned, without further action, to the date, time and
101	101	72place specified in the notice or warrant or to such other time, date and place as may be approved
102	102	73by town meeting. 5 of 5
103	103	74 (f) Votes taken by a roll call vote at a remote or hybrid representative town meeting shall
104	104	75be recorded and kept with the minutes of the town meeting.
105	105	76 (g) A remote or hybrid town meeting shall be recorded and the recording shall be
106	106	77preserved and made publicly available on the town’s website for at least 90 days after the
107	107	78dissolution of said town meeting and until the official minutes of the meeting have been prepared
108	108	79by the town clerk.