Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H839 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. 1684 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 839
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
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 increasing voter registration and participation to help prevent recidivism.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1684 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 839
18	18	By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 839) of
19	19	Russell E. Holmes relative to increasing voter registration and participation of people
20	20	incarcerated for felony convictions to help prevent recidivism. Election Laws.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 694 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act increasing voter registration and participation to help prevent recidivism.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Court finds and declares that:
32	32	2 (1) Suffrage is the vanguard of civil rights and liberties and the cornerstone of
33	33	3democracy. It is both a fundamental right and a civic responsibility. Reinstating the right to
34	34	4suffrage fortifies our democracy by boosting voter turn-outs and helps ex-offenders upon their
35	35	5release to reintegrate into society. Voting is an essential part to reassuming the duties of full
36	36	6citizenship. Though Massachusetts recognizes these facts, Congress can do more to increase
37	37	7voter participation by protecting eligible voters while incarcerated. Congress can also do more to
38	38	8enhance voter registration among returning citizens and thereby help deter recidivism. 2 of 7
39	39	9 (2) Massachusetts people incarcerated for felony convictions cannot vote in any elections
40	40	10in the state while incarcerated. As a result, approximately 8,234 people in Massachusetts are
41	41	11currently denied the right to vote. Unfortunately the majority of these disfranchised citizens
42	42	12come from the same communities, diminishing the voting power of these communities. From
43	43	132015 to 2018 over 60 per cent of those who received new criminal sentences were from just 4
44	44	14counties: Suffolk county, Essex county, Middlesex county and Hampden county.
45	45	15 (3) Massachusetts disparately incarcerates people of color as well, so while people of
46	46	16color make up 18.2 per cent of the state's population, 58 per cent (or 4,982) of people
47	47	17disfranchised due to imprisonment are people of color. People incarcerated in prison for other
48	48	18reasons, such as pre-trial detention or civil commitments, are allowed to vote by absentee ballot.
49	49	19 (4) Maine and Vermont are the only states that allow all incarcerated citizens to vote.
50	50	20 (5) Most of the approximately 9,800 people incarcerated in Massachusetts county jails
51	51	21and houses of correction can vote in all federal, state, and municipal elections by absentee ballot
52	52	22- as long as they are 18 years of age or older, United States citizens and are not incarcerated for
53	53	23felony convictions or voter fraud. However, many jails and houses of correction across the state
54	54	24do not help incarcerated people obtain absentee ballots, and in fact some give false information
55	55	25regarding their voting eligibility. Even when incarcerated people have the funds and knowledge
56	56	26to request an absentee ballot, some city and town clerks illegally reject these ballots, leaving
57	57	27incarcerated people with little recourse.
58	58	28 (6) Massachusetts is one of 14 states that prohibit people from voting while incarcerated
59	59	29in prison but return the right to vote immediately upon release, considered the least restrictive 3 of 7
60	60	30category of offender disfranchisement. However, evidence suggest that many people assume
61	61	31they remain disfranchised upon release.
62	62	32 (7) This bill would, though it requires the cooperation of different government agencies,
63	63	33concentrate within the department of correction and houses of correction, the responsibility of
64	64	34helping eligible voters in their custody obtain absentee ballots and the responsibility of initiating
65	65	35the restoration by helping ineligible voters get pre-registered upon anticipation of their release.
66	66	36Streamlining these processes conserves government resources and saves taxpayer dollars. This
67	67	37act will also require the secretary of state to train city and town clerks on the laws relevant to this
68	68	38act.
69	69	39 SECTION 2. Chapter 51 of the General Laws is hereby amended by adding the following
70	70	40section:–
71	71	41 Section 65. (a) A correctional facility, as defined in section 1 of chapter 125, shall be a
72	72	42designated agency for the registration of voters pursuant to 52 U.S.C. § 20506. Upon request, a
73	73	43correctional facility shall provide voter absentee ballot applications to eligible voters within the
74	74	44custody of the facility.
75	75	45 (b) The correctional facility shall either provide requesters with a sufficient size envelope
76	76	46and postage stamps, or transmit the completed voter absentee ballot application to the
77	77	47appropriate city or town clerk responsible for processing absentee ballot request applications in
78	78	48the county where the requester claims residence.
79	79	49 (c) As part of the release process leading to the discharge of a person who has been
80	80	50disfranchised because of a felony conviction, the correctional facility shall provide that person
81	81	51with a voter registration form and a declination form, and offer that person assistance in filling 4 of 7
82	82	52out the appropriate form. Unless the registrant refuses to permit it to do so, the correctional
83	83	53facility shall provide registrant with a sufficient size envelope and postage stamps, or transmit
84	84	54the completed voter registration form to the city or town in the county where the registrant
85	85	55claims residence.
86	86	56 SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after
87	87	57section 150 the following section:–
88	88	58 Section 150A. (a) Prior to the expiration of a prisoner’s term, the superintendent or
89	89	59administrator of the state or county correctional facility shall, in writing, notify the prisoner
90	90	60whose term expires that his or her voting rights shall be restored upon discharge; provided, that
91	91	61such person’s right to vote was suspended while incarcerated pursuant to Article III of the
92	92	62Articles of Amendment of the Constitution.
93	93	63 (d) Each superintendent of a state correctional facility and each administrator of a county
94	94	64correctional facility shall, on or before the fifteenth day of each month, transmit to the secretary
95	95	65of the commonwealth 2 lists. The first list shall contain the following information about persons
96	96	66convicted of a felony who, during the preceding period, have become ineligible to vote because
97	97	67of their incarceration; the second list shall contain the following information about persons
98	98	68convicted of a felony who, during the preceding period, have become eligible to vote because of
99	99	69their discharge from incarceration:
100	100	70 (i)name;
101	101	71 (ii)date of birth;
102	102	72 (iii)date of entry of judgement of conviction; 5 of 7
103	103	73 (iv)sentence; and
104	104	74 (v)last 4 digits of social security number, or driver's license number, if available.
105	105	75 (e) The state secretary shall ensure that the names of persons who are eligible and
106	106	76registered to vote following their discharge from incarceration are added to the statewide voter
107	107	77registration database in the same manner as all other names are added to that database.
108	108	78 (f) The state secretary shall ensure that persons who have become eligible to vote because
109	109	79of their discharge from incarceration face no continued barriers to registration or voting resulting
110	110	80from their felony convictions.
111	111	81 (g) The state secretary shall ensure that registrants who submitted registration forms upon
112	112	82anticipation of release shall be pre-registered until finally discharged.
113	113	83 (h) The state secretary shall develop and implement a program to educate: attorneys;
114	114	84judges; election officials; each superintendent of a state correctional facility and each
115	115	85administrator of a county correctional facility; the department of correction and corrections
116	116	86officials; including parole and probation officers; and members of the public about the
117	117	87requirements of this section, ensuring that:
118	118	88 (i) Judges are informed of their obligation to notify defendants facing disfranchisement of
119	119	89the potential loss and restoration of their voting rights, in accordance with section 29E of chapter
120	120	90278;
121	121	91 (ii) The department of correction and county correctional facilities are prepared to help
122	122	92eligible voters in their custody obtain absentee ballots, including providing sufficient size
123	123	93envelopes and postage stamps for mailing, or by forwarding their completed absentee ballot 6 of 7
124	124	94application to the appropriate elections official. The department of correction and county
125	125	95correctional facilities are also prepared to assist those convicted of a felony with registration to
126	126	96vote in anticipation of their discharge, including providing the registrant with sufficient size
127	127	97envelope and postage stamps or by forwarding his or her completed voter registration forms to
128	128	98the appropriate registration agency;
129	129	99 (iii) The language on voter registration forms makes clear that people who have been
130	130	100disqualified from voting because of felony convictions regain the right to vote when they are
131	131	101discharged from incarceration;
132	132	102 (iv) The department of correction is prepared to transmit to the state secretary the
133	133	103information specified in this section;
134	134	104 (v) Probation and parole officers are informed and prepared to notify probationers that
135	135	105their right to vote is restored; and
136	136	106 (vi) Accurate and complete information about the voting rights of people who have been
137	137	107charged with or convicted of crimes; whether disfranchising or not, is made available through a
138	138	108single publication to government officials and the public.
139	139	109 SECTION 4. Chapter 278 of the General Laws is hereby amended by inserting after
140	140	110section 29D the following section:–
141	141	111 Section 29E. The court shall not accept a plea of guilty, a plea of nolo contendere, or an
142	142	112admission to sufficient facts from any defendant in any criminal proceeding unless the court
143	143	113advises such defendant of the following: “You are hereby advised that the acceptance by this
144	144	114court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts will result in 7 of 7
145	145	115loss of the right to vote only if and for as long as you are incarcerated and your voting rights are
146	146	116restarted upon discharge.” The court shall advise such defendant during every plea colloquy at
147	147	117which the defendant is proffering a plea of guilty, a plea of nolo contendere, or an admission to
148	148	118sufficient facts in any matter considered to be a felony pursuant to Article III of the Articles of
149	149	119Amendments of the Constitution.
150	150	120 If the court fails so to advise the defendant, and the defendant later at any time shows that
151	151	121the defendant’s plea and conviction may have or has had the enumerated consequence, the court,
152	152	122on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the
153	153	123plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not
154	154	124guilty. Absent an official record or a contemporaneously written record kept in the court file that
155	155	125the court provided the advisement as prescribed in this section, including but not limited to a
156	156	126docket sheet that accurately reflects that the notice was given as required by this section, the
157	157	127defendant shall be presumed not to have received advisement. An advisement previously or
158	158	128subsequently provided the defendant during another plea colloquy shall not satisfy the
159	159	129advisement required by this section.