Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H799 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2673 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 799
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Shirley B. Arriaga
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 decoupling the municipal census from voter registration.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Shirley B. Arriaga8th Hampden1/16/2025Lindsay N. Sabadosa1st Hampshire3/4/2025Erika Uyterhoeven27th Middlesex3/4/2025Carmine Lawrence Gentile13th Middlesex3/4/2025James B. EldridgeMiddlesex and Worcester3/4/2025Steven Owens29th Middlesex3/4/2025Samantha Montaño15th Suffolk3/4/2025Jacob R. OliveiraHampden, Hampshire and Worcester3/4/2025James C. Arena-DeRosa8th Middlesex3/4/2025Marjorie C. Decker25th Middlesex3/4/2025Christine P. Barber34th Middlesex3/4/2025Bruce E. TarrFirst Essex and Middlesex3/4/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2673 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 799
18	18	By Representative Arriaga of Chicopee, a petition (accompanied by bill, House, No. 799) of
19	19	Shirley B. Arriaga and others for legislation to further regulate voter registration rolls. Election
20	20	Laws.
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 decoupling the municipal census from voter registration.
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 A. Subsection (c) of section 4 of chapter 51 of the General Laws, as
30	30	2appearing in the 2024 Official Edition, is hereby amended by striking out the words “for 2
31	31	3consecutive years shall result in removal from the active voting list and may result in removal
32	32	4from the voter registration rolls” and inserting in place thereof the following words:- may result
33	33	5in a fine.
34	34	6 SECTION B. Chapter 51 of the General Laws is hereby amended by striking out sections
35	35	737, 37A and 38, as so appearing, and inserting in place thereof the following 2 sections:-
36	36	8 Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes
37	37	9called the register or the annual register, which shall contain the names and residential addresses
38	38	10of all registered voters in their city or town and reflect the names and residential addresses
39	39	11contained in the central registry of voters maintained by the state secretary under section 47C.
40	40	12The registrars shall add to the register the name and residential address of every person 2 of 5
41	41	13registering to vote under section 33A or 42 or automatically registered under sections 42G½ and
42	42	1465. The registrars shall correct any error in the register after due investigation; provided,
43	43	15however, that the registrars shall only remove a name from the register in a manner consistent
44	44	16with the requirements of subsection (c).
45	45	17 (b) The register shall not include the name of a voter who provides the registrars with a
46	46	18copy of a court order granting protection, evidence of residence in a protective shelter or an
47	47	19affidavit signed by a chief of police or designee that the voter is entitled to have certain
48	48	20information withheld from the public inspection under section 24C of chapter 265.
49	49	21 (c) The registrars shall remove a voter’s name and address from the register if and only if:
50	50	22 (i) the voter so requests in writing;
51	51	23 (ii) the registrars receive notice from the city or town clerk under section 14, or a death
52	52	24record from the department of public health, indicating that the voter has died;
53	53	25 (iii) the registrars receive official written notice that the voter is: (a) incarcerated for a
54	54	26felony conviction; (b) disqualified by law because of corrupt practices in respect to elections; or
55	55	27(c) under guardianship that prohibits voting;
56	56	28 (iv) the registrars receive official written notice that the voter is registered to vote in
57	57	29another jurisdiction;
58	58	30 (v) the registrars determine that the voter is illegally or incorrectly registered after
59	59	31complaint, notice and hearing under sections 48 and 49; or
60	60	32 (vi) the registrars determine that that voter no longer resides in their city or town under
61	61	33section 38. 3 of 5
62	62	34 (d) The state secretary shall adopt regulations to implement this section. To the extent
63	63	35feasible, the state secretary shall automate processes using the central registry of voters under
64	64	36section 47C.
65	65	37 Section 38. (a) The registrars shall maintain an inactive voters list. The registrars shall
66	66	38remove a voter’s name and address from the register of voters and add it to the inactive voters
67	67	39list the registrars receive information that the voter no longer resides in their city or town from:
68	68	40(i) permanent change-of-address information supplied by the United States Postal Service or its
69	69	41licensee; or (ii) the Electronic Registration Information Center, Inc. under section 47C.
70	70	42 (b) Registrars receiving information under subsection (a) showing that the voter has
71	71	43changed residence within their city or town shall update the voter’s address in the register
72	72	44accordingly and notify the voter in writing.
73	73	45 (c) Whenever the registrars remove a voter’s name and address from the register of voters
74	74	46and add it to the inactive voters list under subsection (a), the registrars shall mail to the voter at
75	75	47the address in the register a notice that the name of the voter may be removed from the voting list
76	76	48if the voter fails to respond to such notice and does not vote during the period ending with the
77	77	49second biennial state election following the mailing of the notice. The notice shall: (i) be postage
78	78	50prepaid; (ii) contain a return card preaddressed to the city or town clerk with return postage
79	79	51guaranteed; (iii) be sent by forwardable mail; (iv) instruct the voter to return the card before the
80	80	52last day to register if the voter did not change residence from the city or town; and (v) contain
81	81	53additional information about remaining eligible to vote, as prescribed by the state secretary. 4 of 5
82	82	54 (d) A voter whose name is on the inactive voters list may vote in the voter’s assigned
83	83	55precinct on a regular ballot upon the voter’s written affirmation of continued residence in the city
84	84	56or town.
85	85	57 (e) The registrars shall restore to the register of voters the name and address of a voter on
86	86	58the inactive voters list who notifies the registrars in writing of continued residence in the city or
87	87	59town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper
88	88	60or petition for a ballot question using an address in their city of town or performs acts governed
89	89	61by this chapter or chapters 52, 53 or 54 that require such use of an address in their city or town.
90	90	62 (f) The registrars shall remove from the inactive voters list the name of a voter that has
91	91	63not been restored to the register under subsection (e) after 2 biennial state elections following the
92	92	64mailing of the notice under subsection (c). The registrars shall mail forwardable notice to the
93	93	65voter that the voter’s name has been removed from the inactive voters list; provided, however,
94	94	66that such notice shall also include information about remaining eligible to vote, as prescribed by
95	95	67the state secretary.
96	96	68 (g) The state secretary shall adopt regulations to implement this section. To the extent
97	97	69feasible, the state secretary shall automate processes using the central registry of voters under
98	98	70section 47C.
99	99	71 SECTION C. Section 42 of said chapter 51, as so appearing, is hereby amended by
100	100	72striking out the second sentence.
101	101	73 SECTION D. Whenever the term “annual register of voters” or “annual register,”
102	102	74meaning the annual register of voters, appears in any statute, charter, regulation, contract, or 5 of 5
103	103	75other document, that term means the register of voters established in section 37 of chapter 51 of
104	104	76the General Laws.