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2 | 2 | | HOUSE DOCKET, NO. 765 FILED ON: 1/13/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 855 |
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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 | | Samantha Montaño |
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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 extending voting rights in municipal elections to noncitizen voters of the |
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13 | 13 | | Commonwealth. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/13/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 765 FILED ON: 1/13/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 855 |
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19 | 19 | | By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 855) of |
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20 | 20 | | Samantha Montaño relative to extending voting rights in municipal elections to noncitizens. |
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21 | 21 | | Election Laws. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act extending voting rights in municipal elections to noncitizen voters of the |
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28 | 28 | | Commonwealth. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 51 of the General Laws is hereby amended by inserting after section 1F the |
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32 | 32 | | 2following section: – |
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33 | 33 | | 3 Section 1G. (a) As used in this section the following words shall, unless the context |
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34 | 34 | | 4clearly requires otherwise, have the following meanings: |
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35 | 35 | | 5 “municipal election”, an election for mayor, school committee, city council, town |
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36 | 36 | | 6council, board of selectmen, select board elections, a school committee referendum, a local ballot |
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37 | 37 | | 7referendum or other municipal elections. |
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38 | 38 | | 8 “noncitizen voter”, a person 18 years of age or older with legal immigration status who is |
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39 | 39 | | 9not a citizen of the United States. |
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40 | 40 | | 10 “noncitizen voting limitations”, a noncitizen voter’s inability to vote for: (1) the office of |
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41 | 41 | | 11President, Vice President, Presidential elector, Member of the Senate or Member of the House of 2 of 3 |
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42 | 42 | | 12Representatives pursuant to 18 U.S.C. 611; (2) a state office; or (3) initiative petitions authorized |
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43 | 43 | | 13under article XLVIII of the constitution. |
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44 | 44 | | 14 “noncitizen voter registration form”, a voter registration form that only a noncitizen voter |
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45 | 45 | | 15uses. |
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46 | 46 | | 16 “noncitizen voting rights”, a noncitizen voter’s right to: (1) vote in a municipal election; |
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47 | 47 | | 17(2) participate in a town meeting; and (3) be a candidate and serve, if duly elected, in a municipal |
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48 | 48 | | 18elected office. |
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49 | 49 | | 19 “town meeting”, an open town meeting or a representative town meeting established |
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50 | 50 | | 20pursuant to chapter 43A. |
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51 | 51 | | 21 (b) Notwithstanding the provisions of section 1 of chapter 51 or any other general or |
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52 | 52 | | 22special law to the contrary, a municipal election official shall enter a noncitizen voter’s name on |
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53 | 53 | | 23a list of noncitizen voters upon the noncitizen voter’s submission of a noncitizen voter |
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54 | 54 | | 24registration form. Within 5 days of entering the noncitizen voter’s name on the list, the municipal |
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55 | 55 | | 25election officer shall notify the noncitizen voter: (1) of the noncitizen voting rights; (2) of the |
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56 | 56 | | 26noncitizen voting limitations; and (3) that voting in a federal election may jeopardize the |
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57 | 57 | | 27noncitizen’s application for United States citizenship. |
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58 | 58 | | 28 (c) For as long as the noncitizen voter remains a resident of the town in which the |
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59 | 59 | | 29noncitizen voter has registered to vote, the noncitizen voter may exercise the noncitizen voting |
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60 | 60 | | 30rights. A noncitizen voter shall only remain registered to vote in one municipality at a time. |
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61 | 61 | | 31 (d) The state secretary shall issue a noncitizen voter registration form. The voter |
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62 | 62 | | 32registration form shall include a declaration to be signed under pains and penalties of perjury by 3 of 3 |
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63 | 63 | | 33the noncitizen voter that the noncitizen is a resident of the municipality in which the noncitizen |
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64 | 64 | | 34voter desires to vote. |
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65 | 65 | | 35 (e) The state secretary and the election officer of a municipality shall disseminate the |
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66 | 66 | | 36noncitizen voter registration form at the same places and in the same manner that the state |
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67 | 67 | | 37secretary and election officer of a municipality disseminate the voter registration form for a |
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68 | 68 | | 38United States citizen. |
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69 | 69 | | 39 (f) The state secretary shall issue regulations to implement this section. |
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