Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3342 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. 2863 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3342
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danielle W. Gregoire
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 to modernize municipal meetings, town meetings, and local elections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danielle W. Gregoire4th Middlesex1/16/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/19/2025Michelle L. Badger1st Plymouth2/26/2025Homar Gómez2nd Hampshire2/26/2025Kristin E. Kassner2nd Essex2/26/2025Steven George Xiarhos5th Barnstable3/4/2025Brian M. Ashe2nd Hampden3/4/2025Kenneth P. Sweezey6th Plymouth3/6/2025Judith A. Garcia11th Suffolk3/11/2025 1 of 9
16	16	HOUSE DOCKET, NO. 2863 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3342
18	18	By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 3342)
19	19	of Danielle W. Gregoire and others relative to remote participation of municipal meetings, town
20	20	meetings, and local elections. State Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to modernize municipal meetings, town meetings, and local elections.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. For the purposes of this Act, the term “Select Board” shall have the same
30	30	2meaning as “Board of Selectmen” as that term is used in any general or special law or municipal
31	31	3charter.
32	32	4 SECTION 2. Chapter 30A of the General Laws, as appearing in the 2020 Official
33	33	5Edition, is hereby amended by striking out paragraphs (d) and (e) of section 20 and renumbering
34	34	6the remaining paragraphs accordingly.
35	35	7 SECTION 3. Chapter 30A of the General Laws, as appearing in the 2020 Official
36	36	8Edition, is hereby amended by inserting after section 20 the following section:-
37	37	9 SECTION 20A
38	38	10 (a) A public body may elect to allow remote participation by any member for any
39	39	11meeting of the public body. For the purposes of this section, the term remote participation means 2 of 9
40	40	12participation by a member of a public body by means other than physical presence, which may
41	41	13include, without limitation, participation by telephone, audio or video conferencing or any other
42	42	14technology that enables each member of the public body to be audible to all other members of
43	43	15the public body and the public.
44	44	16 (b) Members remotely participating in a meeting may vote, and shall be considered
45	45	17present and in attendance for all purposes, including for purposes of determining a quorum and
46	46	18for the purposes of section 23D of chapter 39.
47	47	19 (c) If a public body allows remote participation by its members for a meeting under
48	48	20subsection (a), it may also allow remote participation by members of the public and any party
49	49	21entitled or required to appear before it in accordance with the following requirements:
50	50	22 (i) A public body that elects to conduct its proceedings completely or partially through
51	51	23remote means in accordance with this section shall ensure public access to the deliberations of
52	52	24the public body for interested members of the public through adequate, alternative means. A
53	53	25public body shall offer its selected adequate, alternative means of public access to its
54	54	26proceedings without subscription, toll, or similar charge to the public.
55	55	27 (ii) Documents intended to be used for any such meeting shall be made available to
56	56	28members of the public body before or during the course of the meeting of the public body subject
57	57	29to any limitations as may be imposed by law.
58	58	30 (iii) If the opportunity for participation at a meeting of a public body by an individual or
59	59	31the public is a specific requirement of a particular general or special law or state regulation,
60	60	32charter, local ordinance or bylaw, any alternative means of public access shall provide for the
61	61	33required opportunity to participate; provided further however that this section shall not impose 3 of 9
62	62	34on any public body a general requirement to allow the public to speak, absent an applicable
63	63	35special law or charter, or to participate in the debate of the public body. A public body shall offer
64	64	36its selected alternative means of public access to virtual meetings without subscription, toll, or
65	65	37similar charge to the public.
66	66	38 (iv) If a member is participating remotely, all votes taken shall be recorded roll call votes.
67	67	39 (v) A municipal public body that for reasons of economic hardship is unable to provide
68	68	40adequate, alternative means of public access that will enable the public to follow the proceedings
69	69	41of the municipal public body may instead post on its municipal website a full and complete
70	70	42transcript, recording or other comprehensive record of the proceedings as soon as practicable
71	71	43upon conclusion of the proceedings.
72	72	44 (d) Notwithstanding any other provision of this section, the chief executive officer of a
73	73	45municipality may develop and adopt standards and guidelines regarding remote participation of
74	74	46public bodies of that municipality; provided however that a local commission on disability may
75	75	47adopt its own standards and guidelines for remote participation applicable to meetings of such
76	76	48local commission on disability only.
77	77	49 (e) State, county, and regional public bodies, and public bodies that are not otherwise a
78	78	50department or subdivision of a city or town, may adopt their own standards and guidelines for
79	79	51remote participation applicable to meetings of such public body.
80	80	52 SECTION 4. Within ninety (90) days of the effective date of this act, the attorney general
81	81	53shall develop best practices for remote participation of public bodies in furtherance of the
82	82	54foregoing Section 3 of this act provided, however, that such proposed best practices guidelines
83	83	55shall not take effect until a public hearing, for which at least 2 weeks notice is provided and such 4 of 9
84	84	56proposed guidelines are made available to the public, is held 2 weeks has passed since that public
85	85	57hearing.
86	86	58 SECTION 5. Chapter 39 of the general laws, as appearing in the 2020 Official Edition, is
87	87	59hereby amended by inserting after Section 10A the following two sections:
88	88	60 SECTION 10B.
89	89	61 (a) Notwithstanding any general or special law, charter provision or bylaw to the
90	90	62contrary, a select board may vote, prior to the date nomination papers must be submitted to the
91	91	63town clerk under the provisions of section 7 of chapter 53 of the general laws, to delay the date
92	92	64of an annual election to a date no earlier than 64 days from the vote to postpone and no later than
93	93	65June 30 of that fiscal year.
94	94	66 (b) Notwithstanding any general or special law, charter provision or bylaw to the
95	95	67contrary, a select board may, during any weather-related, public safety or public health
96	96	68emergency declared by the chief executive officer of the town or the governor, and for the 5 days
97	97	69after such emergency has terminated, postpone a properly posted caucus or election to an initial
98	98	70date certain. If the nature of the emergency precludes identification of an initial date certain or
99	99	71renders the initial date inconvenient or impossible, the select board shall meet expeditiously, in
100	100	72accordance with chapter 30A of the general laws, and after consultation with the town clerk, to
101	101	73vote on a date certain.
102	102	74 (c) (i) If an election is postponed hereunder, all of the deadlines applicable to and all of
103	103	75materials prepared for and submitted in connection with the original election shall be used at
104	104	76such postponed election; provided, however, that if an election is postponed for less than 7 days,
105	105	77early voting by mail and absentee ballots properly received prior to the close of polls on the date 5 of 9
106	106	78of the postponed election shall be treated as if they were timely received. If a scheduled election
107	107	79is postponed for more than 7 days from the original date, any such election shall be held no
108	108	80earlier than 15 days from the date of the postponement to accommodate additional voter
109	109	81registration, early voting by mail and absentee voting by the otherwise applicable statutory
110	110	82deadlines.
111	111	83 (ii) Except as set forth herein, all provisions of election law applicable to the original
112	112	84election shall apply to such postponed election in the same manner.
113	113	85 (iii) Notwithstanding any provision of chapter 30A or other state or local law to the
114	114	86contrary, a meeting to vote on a postponement may be held by remote participation of some or
115	115	87all of the members, and such public body shall endeavor, to the maximum event possible, to
116	116	88comply with all other provisions of sections 18 to 25 of chapter 30A. If the public body is not
117	117	89able to comply with the provisions of said chapter 30A, it shall hold a properly posted meeting
118	118	90within one week following at which an item substantially similar to the following shall appear on
119	119	91the agenda: “Review action taken at (date) (time) meeting of (name of board) and adopt minutes
120	120	92from such meeting to be included with the minutes of this meeting”.
121	121	93 (d) Notice of postponement shall be prepared by the town clerk and printed in a legible,
122	122	94easily understandable format with the date, time and place of the rescheduled caucus or election,
123	123	95the reason for the postponement, and the date and time of the select board vote for postponement.
124	124	96To the extent practicable, notice shall be posted in the manner in which that municipality
125	125	97provides notice of meetings pursuant to chapter 30A, whether on the municipal website or in a
126	126	98manner conspicuously visible to the public at all hours in or on the municipal building in which
127	127	99the clerk’s office is located. The town clerk shall forthwith send a copy of the notice to the 6 of 9
128	128	100offices of the attorney general and secretary of the commonwealth, and may use any other form
129	129	101of communication to notify the voters of the postponement, including but not limited to
130	130	102electronic, broadcast or print media.
131	131	103 SECTION 10C.
132	132	104 (a) In a town having a representative or open town meeting form of government, the town
133	133	105moderator may, in consultation with the select board and local public safety or public health
134	134	106officials, call for any town meeting to be held through remote participation or a hybrid of in-
135	135	107person and remote participation, including, but not limited to, by means of a video or telephone
136	136	108conferencing platform. If a town does not have a moderator, the select board may call for any
137	137	109town meeting to be held through remote participation or a hybrid of in-person and remote
138	138	110participation in accordance with this paragraph.
139	139	111 (b) A notice of decision to hold town meeting through remote participation or a hybrid of
140	140	112in-person and remote participation shall be prepared by the moderator and printed in a legible,
141	141	113easily understandable format and shall contain: (i) the moderator’s determination and request to
142	142	114hold a town meeting through remote participation or a hybrid of in-person and remote
143	143	115participation in accordance with this section; (ii) the video or telephone conferencing platform
144	144	116the moderator has determined to use to hold the town meeting; (iii) confirmation that the
145	145	117moderator has consulted with the local disability commission or coordinator for federal
146	146	118Americans with Disabilities Act compliance; (iv) confirmation that the moderator has consulted
147	147	119with the select board; and (v) a certification by the moderator that: (A) the moderator has tested
148	148	120the video or telephone conferencing platform; and (B) the platform satisfactorily enables the
149	149	121remote portion of the town meeting to be conducted in substantially the same manner as if the 7 of 9
150	150	122meeting occurred in person at a physical location and in accordance with the operational and
151	151	123functional requirements set forth in this section.
152	152	124 (c) A video or telephone conference platform used by a town meeting for remote
153	153	125participation under this section shall, at minimum:
154	154	126 (i) strictly limit voting at an open, remote, or hybrid town meeting to only those
155	155	127confirmed by the town clerk to be eligible to vote at that meeting, Each person deemed eligible
156	156	128to vote shall be provided with appropriate physical or technological participation credentials
157	157	129designed to allow remote participation of all eligible voters while also establishing regularity in
158	158	130administration, minimizing inaccurate results and creating and maintaining a virtual and physical
159	159	131environment free from fraud;
160	160	132 (ii) enable the moderator, voters, representative town meeting members, town officials
161	161	133and any other interested members of the public to identify and hear the moderator and each voter
162	162	134or other speaker recognized by the moderator, whether remotely or in person;
163	163	135 (iii) if applicable, determine whether a quorum is present;
164	164	136 (iv) a voter, town meeting member, town official or other individual authorized to
165	165	137participate in the meeting to request recognition by the moderator without prior authorization,
166	166	138consistent with any town meeting rules established by bylaw, charter or special act. To the extent
167	167	139technologically feasible, the request shall be visible or audible to the town meeting and the
168	168	140public in real time and upon review of the recording of the town meeting proceedings, preserved
169	169	141according to subsection (h); 8 of 9
170	170	142 (v) the moderator to determine when a remote or in person voter wishes to be recognized
171	171	143to speak, make a motion, raise a point of order or object to a request for unanimous consent;
172	172	144 (vi) the moderator to recognize a remote or in person voter, town official or other
173	173	145individual to speak and to enable that person to speak;
174	174	146 (vii) in the case of a representative town meeting, the ability to conduct a roll call vote;
175	175	147 (viii) any interested members of the public to access the meeting remotely for purposes of
176	176	148witnessing the deliberations and actions taken at the town meeting, subject to the provisions of
177	177	149any municipal charter; and
178	178	150 (ix) the town meeting to be recorded.
179	179	151 (d) (i) Registered voters, other than representatives elected or appointed in accordance
180	180	152with applicable state or local law, seeking to participate remotely in a representative town
181	181	153meeting shall, not less than 48 hours in advance, submit to the town moderator a request to
182	182	154participate in the meeting. Upon receipt of the request and verification of the requester’s voter
183	183	155registration status, the designated official shall provide appropriate physical or technological
184	184	156participation credentials; nothing herein shall be construed to require greater participation by
185	185	157voters or non-town meeting members than required by any applicable general or special law or
186	186	158municipal charter.
187	187	159 (ii) Eligible registered voters seeking to participate remotely in an open town meeting
188	188	160shall be provided with instructions, no later than 48 hours in advance, as to how to access
189	189	161appropriate physical or technological participation credentials; provided, however that the 9 of 9
190	190	162inability to comply with this subparagraph shall require that the meeting be delayed until a
191	191	163quorum is reached or 30 minutes has passed, whichever occurs sooner.
192	192	164 (e) Prior to taking up any business at a remote or hybrid town meeting, and following the
193	193	165determination of a quorum, if applicable, the meeting shall vote on whether to commence the
194	194	166business of the meeting using remote or hybrid access. If the town meeting votes to continue,
195	195	167then the town meeting shall proceed to hold a remote or hybrid meeting to address the articles in
196	196	168the warrant. If the town meeting votes not to conduct the town meeting by remote or hybrid
197	197	169means, then the town meeting shall be adjourned, without further action, to the date, time and
198	198	170place specified in the notice or warrant or to such other time, date and place as may be approved
199	199	171by town meeting.
200	200	172 (f) Votes taken by a roll call vote at a remote or hybrid representative town meeting shall
201	201	173be recorded and kept with the minutes of the town meeting.
202	202	174 (g) A remote or hybrid town meeting shall be recorded and the recording shall be
203	203	175preserved and made publicly available on the town’s website for at least 90 days after the
204	204	176dissolution of said town meeting and until the official minutes of the meeting have been prepared
205	205	177by the town clerk.