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