Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H855 Compare Versions

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22 HOUSE DOCKET, NO. 765 FILED ON: 1/13/2025
33 HOUSE . . . . . . . . . . . . . . . No. 855
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Samantha Montaño
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act extending voting rights in municipal elections to noncitizen voters of the
1313 Commonwealth.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/13/2025 1 of 3
1717 HOUSE DOCKET, NO. 765 FILED ON: 1/13/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 855
1919 By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 855) of
2020 Samantha Montaño relative to extending voting rights in municipal elections to noncitizens.
2121 Election Laws.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act extending voting rights in municipal elections to noncitizen voters of the
2828 Commonwealth.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 51 of the General Laws is hereby amended by inserting after section 1F the
3232 2following section: –
3333 3 Section 1G. (a) As used in this section the following words shall, unless the context
3434 4clearly requires otherwise, have the following meanings:
3535 5 “municipal election”, an election for mayor, school committee, city council, town
3636 6council, board of selectmen, select board elections, a school committee referendum, a local ballot
3737 7referendum or other municipal elections.
3838 8 “noncitizen voter”, a person 18 years of age or older with legal immigration status who is
3939 9not a citizen of the United States.
4040 10 “noncitizen voting limitations”, a noncitizen voter’s inability to vote for: (1) the office of
4141 11President, Vice President, Presidential elector, Member of the Senate or Member of the House of 2 of 3
4242 12Representatives pursuant to 18 U.S.C. 611; (2) a state office; or (3) initiative petitions authorized
4343 13under article XLVIII of the constitution.
4444 14 “noncitizen voter registration form”, a voter registration form that only a noncitizen voter
4545 15uses.
4646 16 “noncitizen voting rights”, a noncitizen voter’s right to: (1) vote in a municipal election;
4747 17(2) participate in a town meeting; and (3) be a candidate and serve, if duly elected, in a municipal
4848 18elected office.
4949 19 “town meeting”, an open town meeting or a representative town meeting established
5050 20pursuant to chapter 43A.
5151 21 (b) Notwithstanding the provisions of section 1 of chapter 51 or any other general or
5252 22special law to the contrary, a municipal election official shall enter a noncitizen voter’s name on
5353 23a list of noncitizen voters upon the noncitizen voter’s submission of a noncitizen voter
5454 24registration form. Within 5 days of entering the noncitizen voter’s name on the list, the municipal
5555 25election officer shall notify the noncitizen voter: (1) of the noncitizen voting rights; (2) of the
5656 26noncitizen voting limitations; and (3) that voting in a federal election may jeopardize the
5757 27noncitizen’s application for United States citizenship.
5858 28 (c) For as long as the noncitizen voter remains a resident of the town in which the
5959 29noncitizen voter has registered to vote, the noncitizen voter may exercise the noncitizen voting
6060 30rights. A noncitizen voter shall only remain registered to vote in one municipality at a time.
6161 31 (d) The state secretary shall issue a noncitizen voter registration form. The voter
6262 32registration form shall include a declaration to be signed under pains and penalties of perjury by 3 of 3
6363 33the noncitizen voter that the noncitizen is a resident of the municipality in which the noncitizen
6464 34voter desires to vote.
6565 35 (e) The state secretary and the election officer of a municipality shall disseminate the
6666 36noncitizen voter registration form at the same places and in the same manner that the state
6767 37secretary and election officer of a municipality disseminate the voter registration form for a
6868 38United States citizen.
6969 39 (f) The state secretary shall issue regulations to implement this section.