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2 | 2 | | HOUSE DOCKET, NO. 2322 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 823 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Paul J. Donato |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to election emergencies. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul J. Donato35th Middlesex1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2322 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 823 |
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18 | 18 | | By Representative Donato of Medford, a petition (accompanied by bill, House, No. 823) of Paul |
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19 | 19 | | J. Donato relative to the regulation of elections in certain emergency situations. Election Laws. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to election emergencies. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 54 of the General Laws, as appearing in the 2022 official edition, is |
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29 | 29 | | 2amended by inserting after 62 the following section: |
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30 | 30 | | 3 “62A. Postponement and extension of qualifying periods for elections for public office |
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31 | 31 | | 4during state of emergency; Procedures for the Orderly Administration of Elections; Limitations. |
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32 | 32 | | 5 Section 62A. (a) The state secretary shall have the authority to regulate elections in |
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33 | 33 | | 6emergency situations, including when the governor declares a state of emergency or a federal |
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34 | 34 | | 7agency declares a state of emergency or disaster exists. Such authorization shall include, but not |
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35 | 35 | | 8be limited to: |
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36 | 36 | | 9 (1)Postponing or extending the qualifying periods provided in this chapter for the |
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37 | 37 | | 10qualification of candidates seeking municipal, county, or state-wide office; and |
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38 | 38 | | 11 (2)Postponing the date of any primary, special primary, preliminary, election, or |
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39 | 39 | | 12special election in the affected area; and 2 of 2 |
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40 | 40 | | 13 (3)Providing for procedures for the orderly conduct elections; and |
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41 | 41 | | 14 (4)In the case of municipal elections, postponing or suspending such local election, |
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42 | 42 | | 15including a preliminary, after consultation with local election officials. |
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43 | 43 | | 16 Any such postponement or extension shall not exceed 45 days. |
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44 | 44 | | 17 (b) The secretary of the commonwealth shall adopt, by rule or regulation, an elections |
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45 | 45 | | 18emergency contingency plan, which shall contain goals and policies that give specific direction |
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46 | 46 | | 19to state and local elections officials when an election has been suspended or delayed due to an |
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47 | 47 | | 20emergency or alternate voting procedures are necessary. The contingency plan shall address, but |
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48 | 48 | | 21not be limited to, the following concerns: |
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49 | 49 | | 22 (1)Providing a procedure for state and local elections officials to follow when an |
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50 | 50 | | 23election has been suspended or delayed to ensure notice of the suspension or delay to the proper |
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51 | 51 | | 24authorities, the electorate, the communications media, poll workers, and the custodians of polling |
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52 | 52 | | 25places. |
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53 | 53 | | 26 Providing a procedure for the release and certification of election returns and documents |
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54 | 54 | | 27relating to the election to the secretary’s office for elections suspended or delayed and |
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55 | 55 | | 28subsequently rescheduled under the provisions this section.” |
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