Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S498 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 288 FILED ON: 1/10/2025
3	3	SENATE . . . . . . . . . . . . . . No. 498
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael D. Brady
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 relative to Election Day registration at polling places.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael D. BradySecond Plymouth and Norfolk 1 of 8
16	16	SENATE DOCKET, NO. 288 FILED ON: 1/10/2025
17	17	SENATE . . . . . . . . . . . . . . No. 498
18	18	By Mr. Brady, a petition (accompanied by bill, Senate, No. 498) of Michael D. Brady for
19	19	legislation relative to Election Day registration at polling places. Election Laws.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to Election Day registration at polling places.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out the last sentence in lines 15 to 20, inclusive,
30	30	3and inserting in place thereof the following sentence:- A person otherwise qualified to vote for
31	31	4national or state officers, but who has not registered in accordance with the provisions of section
32	32	526 of this chapter shall be eligible to register under section 34A.
33	33	6 SECTION 2. Section 1F of chapter 51 of the General Laws is hereby repealed.
34	34	7 SECTION 3. Said chapter 51, as so appearing in the 2022 Official Edition, is hereby
35	35	8amended, by striking out section 3, as so appearing, and inserting in place thereof the following
36	36	9section:-
37	37	10 Section 3. For all elections and primaries, a person shall be registered and may vote in the
38	38	11ward or voting precinct where he resides; provided, however, that any registered voter of a city
39	39	12or town who moves to any other precinct in said city or town or to another city or town may 2 of 8
40	40	13register to vote at his new address by making written application to the city or town clerk no later
41	41	14than the close of registration or in accordance with the provisions of section 34A. A new resident
42	42	15of the city or town may also, upon like application, be registered at the new address by making
43	43	16written application to the city or town clerk no later than the close of registration or in
44	44	17accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each
45	45	18voter making any such written application that the same has been received and that he may vote,
46	46	19subject to the provision of this section regarding the close of registration, in the ward or precinct
47	47	20into which he has moved or in accordance with provisions of section 34A.
48	48	21 SECTION 4. Section 26 of said chapter 51, as so appearing in the 2022 Official Edition,
49	49	22is hereby amended by striking out, in line 10, the words “eight o’clock in the evening” and
50	50	23inserting in place thereof, in each instance, the following figure:- 5:00 pm.
51	51	24 SECTION 5. Section 26 of said chapter 51, as so appearing in the 2022 Official Edition,
52	52	25is hereby further amended by striking the last sentence contained in lines 22 to 28, inclusive.
53	53	26 SECTION 6. Said chapter 51 is hereby further amended by striking out section 28, as so
54	54	27appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
55	55	28 Section 28. Registrars shall hold a continuous session from 9:00 am until 5:00 pm on the
56	56	29last day for registration prescribed under section 26. For those towns having less than 1,500
57	57	30voters, such session shall be sufficient if it includes the time from 9:00 until 11:00 am and from
58	58	312:00 until 5:00 pm.
59	59	32 SECTION 7. Said chapter 51 is hereby further amended by striking out section 34, as
60	60	33appearing in the 2022 Official Edition, and inserting in place thereof the following section:- 3 of 8
61	61	34 Section 34. Except as otherwise provided in section 34A, after 5:00 pm of a day on which
62	62	35registration is to cease, the registrars shall not register any person to vote in the next election,
63	63	36except that they shall furnish, or cause to be furnished, to each person waiting in line at the hour
64	64	37of 5:00 pm for the purpose of being registered, a card or slip of identification bearing such
65	65	38person’s name and shall, before registration ceases, permit such person to register.
66	66	39 SECTION 8. Said chapter 51 is hereby further amended by inserting after section 34 the
67	67	40following section:-
68	68	41 Section 34A. (a) An individual who is eligible to vote may register on the day of an
69	69	42election by appearing in person at the polling place, during the hours it is open for voting, for the
70	70	43precinct in which the individual maintains residence, by completing a registration application in
71	71	44a form prescribed by the state secretary which complies with identity requirements of 52 U.S.C.
72	72	45section 21083, by presenting to the appropriate election official proof of residency and by
73	73	46making a written oath which shall be as follows: I certify that I: am a citizen of the United States;
74	74	47am at least 18 years old; am not under guardianship that prohibits me from registering and/or
75	75	48voting or otherwise prohibited from voting; am not temporarily or permanently disqualified by
76	76	49law because of corrupt practices in respect to elections; have not and will not vote in any other
77	77	50location within the Commonwealth or elsewhere; have read and understand this statement: I
78	78	51further understand that giving false information is a felony punishable by not more than 5 years
79	79	52imprisonment or a fine of not more than $10,000, or both.
80	80	53 (b) For purposes of this section, the term “proof of residence” shall mean 1 of the
81	81	54following, so long as it includes the name of the applicant and the address from which he or she
82	82	55is registering: 4 of 8
83	83	56 (i) a valid photo identification including, but not limited to, a Massachusetts driver’s
84	84	57license or other state-issued identification card; or
85	85	58 (ii) other documentation demonstrating the name and address where the applicant
86	86	59maintains residence and seeks to register including, but not limited to, a copy of a current utility
87	87	60bill, bank statement, government check, residential lease agreement, wireless telephone
88	88	61statement, paycheck, other government document or correspondence, a current student fee
89	89	62statement or other document from a post-secondary educational institution that verifies the
90	90	63student’s current address.
91	91	64 (c) Upon meeting the identity requirements of subsection (a), production of proof of
92	92	65residence, and the making of an oath sufficient to support registration, the ballot clerk or his
93	93	66designee shall permit the applicant to vote at that election. Any person
94	94	67 who registers to vote on the day of an election in accordance with this section shall,
95	95	68absent disqualification, be registered to vote at all subsequent primaries and elections.
96	96	69 (d) A registrant who fails to present suitable identification shall be permitted to deposit a
97	97	70provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to
98	98	71return within two business days after a state primary or municipal election or within six days
99	99	72following a state election to present sufficient identification to the local election officials in order
100	100	73for the local election officials to determine that the registrant is qualified to vote in such election
101	101	74and has deposited an eligible provisional ballot.
102	102	75 (e) The state secretary shall make available to the election officers at each polling place,
103	103	76to the extent possible, access to the statewide list of registered voters as contained in the central
104	104	77registry of voters set forth in section 47C. For the purposes of this section, an electronic or 5 of 8
105	105	78printed copy of all voters registered to vote in that precinct as of the last day of the registration
106	106	79period, as required by sections 55 and 60, shall be sufficient.
107	107	80 (f) The local election officials may correct information supplied by the registrant to the
108	108	81extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it
109	109	82appears from the facts set forth in the affidavit that the registrant is not qualified to register as a
110	110	83voter, the local election officials shall proceed in accordance with the provisions of section forty-
111	111	84seven.
112	112	85 (g) As soon as practicable after the election, the registrars shall add the registrant’s name,
113	113	86address and effective date of registration to the annual register of voters.
114	114	87 (h) This section shall not apply to an individual seeking to register to vote in any town for
115	115	88the purposes of voting at annual town meeting or special town meeting.
116	116	89 (i) A registered voter shall not re- register on the day of a primary or election for the
117	117	90exclusive purpose of altering his party affiliation.
118	118	91 (j) The state secretary shall adopt regulations to implement the relevant provisions of this
119	119	92chapter.
120	120	93 (k) Upon credible information or allegation of illegal voter registration, or credible
121	121	94information or allegation of illegal multiple voting, there shall be an investigation upon the
122	122	95merits of said information or allegation by the attorney general, or by the district attorney having
123	123	96jurisdiction over the municipality in which the alleged illegal registration or illegal multiple
124	124	97voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this
125	125	98section by any means otherwise provided by law. 6 of 8
126	126	99 (l) Violations of this section shall be punishable under sections 8, 26 and 27, of chapter
127	127	10056.
128	128	101 SECTION 9. Said chapter 51 is hereby further amended by striking out section 47C, as so
129	129	102appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
130	130	103 Section 47C. Subject to appropriation, the state secretary shall maintain a central registry
131	131	104of voters which shall contain the names, addresses and effective dates of registration of all
132	132	105registered voters in the commonwealth and which shall contain the name, date of birth,
133	133	106occupation, veteran status, nationality, if not a citizen of the United States, for street list purposes
134	134	107only, and residence on January first in the preceding year and in the current year, of every person
135	135	108three years of age or older in the commonwealth as provided by registrars. The registrars shall
136	136	109enter and maintain all the information required. The secretary of the commonwealth shall adopt
137	137	110regulations governing the operation of said central registry. The names and addresses of voters
138	138	111and any other information contained in said central registry shall not be a matter of public record;
139	139	112provided however, that such information shall be available upon execution of a license
140	140	113agreement to state party committees, official political designation committees, statewide
141	141	114candidate committees, state ballot question committees, the jury commissioner, adjutant general
142	142	115and any other individual, agency or entity that the state secretary shall designate by regulation
143	143	116consistent with the purposes of this section, at a fair and reasonable cost not to exceed the cost of
144	144	117printing or preparing computer readable documents.
145	145	118 SECTION 10. Said chapter 51 is hereby further amended by inserting after section 47C
146	146	119the following section:- 7 of 8
147	147	120 Section 47D. The registry of motor vehicles, and any other state agency permitted by law,
148	148	121shall provide data, as deemed necessary by the state secretary, for the purposes of maintaining
149	149	122accurate and complete voter lists. At least every 2 months, the registry of motor vehicles, and
150	150	123any other state agency the secretary designates, shall electronically transmit to the secretary all
151	151	124data as directed by the secretary and relevant to the purposes of voter registration, including, if
152	152	125available, the following record fields: (i) name, current residential address, mailing address, date
153	153	126of birth, driver’s license number and/or last 4 digits of the social security number, and telephone
154	154	127number; (ii) date, time, and nature of the last change to the information; and (iii) any additional
155	155	128information designated by the state secretary for such purposes and reasonably related to
156	156	129maintaining accurate and complete voter lists.
157	157	130 The secretary shall provide the names and addresses and other data contained in said
158	158	131central registry, as well as information received from the registry of motor vehicles and any other
159	159	132agency received for the purpose of maintaining accurate and complete voting lists, to the
160	160	133Electronic Registration Information Center (“ERIC”) after entering into a binding legal
161	161	134agreement with ERIC specifying the terms and conditions of Massachusetts’s membership in the
162	162	135Center.
163	163	136 The secretary shall implement, if practicable, a centralized system to manage and
164	164	137evaluate data received from ERIC to send required mailings to voters and residents
165	165	138 identified as eligible but not registered centrally rather than from the local level. The
166	166	139secretary shall provide information to the registrars in electronic form and in a manner
167	167	140minimizing data management at the local level for any action necessary to be taken by the local
168	168	141election officials. 8 of 8
169	169	142 The information sent to and received from ERIC shall not be a public record.
170	170	143 SECTION 11. There shall be an advisory committee on the implementation of Election
171	171	144Day registration. Among other issues it may consider, the advisory committee shall study the
172	172	145resources necessary for, costs associated with, and feasibility of providing every polling location
173	173	146with real-time electronic access to the statewide database of registered voters. The advisory
174	174	147committee shall be comprised of the secretary of state, or a designee, who shall chair the
175	175	148advisory committee, the attorney general, or a designee, the house and senate chairs of the joint
176	176	149committee on election laws, or their designees, 2 representatives of the Massachusetts Town
177	177	150Clerks Association, at least 1 of whom shall be a town clerk from a town of under 5,000
178	178	151residents, and 2 representatives of the Massachusetts City Clerks Association. The advisory
179	179	152committee shall complete its study on the implementation of election day registration and submit
180	180	153an interim report and recommendations for improving administration of election day registration,
181	181	154in writing, to the joint committee on election laws and the senate and house committees on ways
182	182	155and means on or before June 30, 2025, and the advisory committee shall submit its final report in
183	183	156writing to the joint committee on election laws and the senate and house committees on ways and
184	184	157means on or before June 30, 2025.
185	185	158 SECTION 12. Sections 1 through 8 of this act shall take effect on July 1, 2025.
186	186	159 SECTION 13. Sections 9 through 11 shall take effect within 60 days of passage.