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