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SENATE DOCKET, NO. 636 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 503
The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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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 decoupling the municipal census from voter registration.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexJames B. EldridgeMiddlesex and Worcester1/28/2025Sal N. DiDomenicoMiddlesex and Suffolk1/30/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025Patricia D. JehlenSecond Middlesex2/19/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025William J. Driscoll, Jr.Norfolk, Plymouth and Bristol3/5/2025 1 of 5
SENATE DOCKET, NO. 636 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 503
By Ms. Creem, a petition (accompanied by bill, Senate, No. 503) of Cynthia Stone Creem, James
B. Eldridge, Sal N. DiDomenico, Jacob R. Oliveira and other members of the Senate for
legislation to decouple the municipal census from voter registration. 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 decoupling the municipal census from voter registration.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Subsection (c) of section 4 of chapter 51 of the General Laws, as appearing
2in the 2022 Official Edition, is hereby amended by striking out the words “for 2 consecutive
3years shall result in removal from the active voting list and may result in removal from the voter
4registration rolls” and inserting in place thereof the following words:- may result in a fine.
5 SECTION 2. Chapter 51 of the General Laws is hereby amended by striking out sections
637, 37A and 38, as so appearing, and inserting in place thereof the following 2 sections:-
7 Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes
8called the register or the annual register, which shall contain the names and residential addresses
9of all registered voters in their city or town and reflect the names and residential addresses
10contained in the central registry of voters maintained by the state secretary under section 47C.
11The registrars shall add to the register the name and residential address of every person
12registering to vote under section 33A or 42 or automatically registered under sections 42G½ and 2 of 5
1365. The registrars shall correct any error in the register after due investigation; provided,
14however, that the registrars shall only remove a name from the register in a manner consistent
15with the requirements of subsection (c).
16 (b) The register shall not include the name of a voter who provides the registrars with a
17copy of a court order granting protection, evidence of residence in a protective shelter or an
18affidavit signed by a chief of police or designee that the voter is entitled to have certain
19information withheld from the public inspection under section 24C of chapter 265.
20 (c) The registrars shall remove a voter’s name and address from the register if and only if:
21 (i) the voter so requests in writing;
22 (ii) the registrars receive notice from the city or town clerk under section 14, or a death
23record from the department of public health, indicating that the voter has died;
24 (iii) the registrars receive official written notice that the voter is: (a) incarcerated for a
25felony conviction; (b) disqualified by law because of corrupt practices in respect to elections; or
26(c) under guardianship that prohibits voting;
27 (iv) the registrars receive official written notice that the voter is registered to vote in
28another jurisdiction;
29 (v) the registrars determine that the voter is illegally or incorrectly registered after
30complaint, notice and hearing under sections 48 and 49; or
31 (vi) the registrars determine that that voter no longer resides in their city or town under
32section 38. 3 of 5
33 (d) The state secretary shall adopt regulations to implement this section. To the extent
34feasible, the state secretary shall automate processes using the central registry of voters under
35section 47C.
36 Section 38. (a) The registrars shall maintain an inactive voters list. The registrars shall
37remove a voter’s name and address from the register of voters and add it to the inactive voters
38list the registrars receive information that the voter no longer resides in their city or town from:
39(i) permanent change-of-address information supplied by the United States Postal Service or its
40licensee; or (ii) the Electronic Registration Information Center, Inc. under section 47C.
41 (b) Registrars receiving information under subsection (a) showing that the voter has
42changed residence within their city or town shall update the voter’s address in the register
43accordingly and notify the voter in writing.
44 (c) Whenever the registrars remove a voter’s name and address from the register of voters
45and add it to the inactive voters list under subsection (a), the registrars shall mail to the voter at
46the address in the register a notice that the name of the voter may be removed from the voting list
47if the voter fails to respond to such notice and does not vote during the period ending with the
48second biennial state election following the mailing of the notice. The notice shall: (i) be postage
49prepaid; (ii) contain a return card preaddressed to the city or town clerk with return postage
50guaranteed; (iii) be sent by forwardable mail; (iv) instruct the voter to return the card before the
51last day to register if the voter did not change residence from the city or town; and (v) contain
52additional information about remaining eligible to vote, as prescribed by the state secretary. 4 of 5
53 (d) A voter whose name is on the inactive voters list may vote in the voter’s assigned
54precinct on a regular ballot upon the voter’s written affirmation of continued residence in the city
55or town.
56 (e) The registrars shall restore to the register of voters the name and address of a voter on
57the inactive voters list who notifies the registrars in writing of continued residence in the city or
58town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper
59or petition for a ballot question using an address in their city of town or performs acts governed
60by this chapter or chapters 52, 53 or 54 that require such use of an address in their city or town.
61 (f) The registrars shall remove from the inactive voters list the name of a voter that has
62not been restored to the register under subsection (e) after 2 biennial state elections following the
63mailing of the notice under subsection (c). The registrars shall mail forwardable notice to the
64voter that the voter’s name has been removed from the inactive voters list; provided, however,
65that such notice shall also include information about remaining eligible to vote, as prescribed by
66the state secretary.
67 (g) The state secretary shall adopt regulations to implement this section. To the extent
68feasible, the state secretary shall automate processes using the central registry of voters under
69section 47C.
70 SECTION 3. Section 42 of said chapter 51, as so appearing, is hereby amended by
71striking out the second sentence.
72 SECTION 4. Whenever the term “annual register of voters” or “annual register,”
73meaning the annual register of voters, appears in any statute, charter, regulation, contract, or 5 of 5
74other document, that term means the register of voters established in section 37 of chapter 51 of
75the General Laws