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2 | 2 | | SENATE DOCKET, NO. 636 FILED ON: 1/14/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 503 |
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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 | | Cynthia Stone Creem |
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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 decoupling the municipal census from voter registration. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 636 FILED ON: 1/14/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 503 |
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18 | 18 | | By Ms. Creem, a petition (accompanied by bill, Senate, No. 503) of Cynthia Stone Creem, James |
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19 | 19 | | B. Eldridge, Sal N. DiDomenico, Jacob R. Oliveira and other members of the Senate for |
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20 | 20 | | legislation to decouple the municipal census from voter registration. Election Laws. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act decoupling the municipal census from voter registration. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Subsection (c) of section 4 of chapter 51 of the General Laws, as appearing |
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30 | 30 | | 2in the 2022 Official Edition, is hereby amended by striking out the words “for 2 consecutive |
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31 | 31 | | 3years shall result in removal from the active voting list and may result in removal from the voter |
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32 | 32 | | 4registration rolls” and inserting in place thereof the following words:- may result in a fine. |
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33 | 33 | | 5 SECTION 2. Chapter 51 of the General Laws is hereby amended by striking out sections |
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34 | 34 | | 637, 37A and 38, as so appearing, and inserting in place thereof the following 2 sections:- |
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35 | 35 | | 7 Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes |
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36 | 36 | | 8called the register or the annual register, which shall contain the names and residential addresses |
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37 | 37 | | 9of all registered voters in their city or town and reflect the names and residential addresses |
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38 | 38 | | 10contained in the central registry of voters maintained by the state secretary under section 47C. |
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39 | 39 | | 11The registrars shall add to the register the name and residential address of every person |
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40 | 40 | | 12registering to vote under section 33A or 42 or automatically registered under sections 42G½ and 2 of 5 |
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41 | 41 | | 1365. The registrars shall correct any error in the register after due investigation; provided, |
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42 | 42 | | 14however, that the registrars shall only remove a name from the register in a manner consistent |
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43 | 43 | | 15with the requirements of subsection (c). |
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44 | 44 | | 16 (b) The register shall not include the name of a voter who provides the registrars with a |
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45 | 45 | | 17copy of a court order granting protection, evidence of residence in a protective shelter or an |
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46 | 46 | | 18affidavit signed by a chief of police or designee that the voter is entitled to have certain |
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47 | 47 | | 19information withheld from the public inspection under section 24C of chapter 265. |
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48 | 48 | | 20 (c) The registrars shall remove a voter’s name and address from the register if and only if: |
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49 | 49 | | 21 (i) the voter so requests in writing; |
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50 | 50 | | 22 (ii) the registrars receive notice from the city or town clerk under section 14, or a death |
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51 | 51 | | 23record from the department of public health, indicating that the voter has died; |
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52 | 52 | | 24 (iii) the registrars receive official written notice that the voter is: (a) incarcerated for a |
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53 | 53 | | 25felony conviction; (b) disqualified by law because of corrupt practices in respect to elections; or |
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54 | 54 | | 26(c) under guardianship that prohibits voting; |
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55 | 55 | | 27 (iv) the registrars receive official written notice that the voter is registered to vote in |
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56 | 56 | | 28another jurisdiction; |
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57 | 57 | | 29 (v) the registrars determine that the voter is illegally or incorrectly registered after |
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58 | 58 | | 30complaint, notice and hearing under sections 48 and 49; or |
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59 | 59 | | 31 (vi) the registrars determine that that voter no longer resides in their city or town under |
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60 | 60 | | 32section 38. 3 of 5 |
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61 | 61 | | 33 (d) The state secretary shall adopt regulations to implement this section. To the extent |
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62 | 62 | | 34feasible, the state secretary shall automate processes using the central registry of voters under |
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63 | 63 | | 35section 47C. |
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64 | 64 | | 36 Section 38. (a) The registrars shall maintain an inactive voters list. The registrars shall |
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65 | 65 | | 37remove a voter’s name and address from the register of voters and add it to the inactive voters |
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66 | 66 | | 38list the registrars receive information that the voter no longer resides in their city or town from: |
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67 | 67 | | 39(i) permanent change-of-address information supplied by the United States Postal Service or its |
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68 | 68 | | 40licensee; or (ii) the Electronic Registration Information Center, Inc. under section 47C. |
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69 | 69 | | 41 (b) Registrars receiving information under subsection (a) showing that the voter has |
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70 | 70 | | 42changed residence within their city or town shall update the voter’s address in the register |
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71 | 71 | | 43accordingly and notify the voter in writing. |
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72 | 72 | | 44 (c) Whenever the registrars remove a voter’s name and address from the register of voters |
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73 | 73 | | 45and add it to the inactive voters list under subsection (a), the registrars shall mail to the voter at |
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74 | 74 | | 46the address in the register a notice that the name of the voter may be removed from the voting list |
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75 | 75 | | 47if the voter fails to respond to such notice and does not vote during the period ending with the |
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76 | 76 | | 48second biennial state election following the mailing of the notice. The notice shall: (i) be postage |
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77 | 77 | | 49prepaid; (ii) contain a return card preaddressed to the city or town clerk with return postage |
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78 | 78 | | 50guaranteed; (iii) be sent by forwardable mail; (iv) instruct the voter to return the card before the |
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79 | 79 | | 51last day to register if the voter did not change residence from the city or town; and (v) contain |
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80 | 80 | | 52additional information about remaining eligible to vote, as prescribed by the state secretary. 4 of 5 |
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81 | 81 | | 53 (d) A voter whose name is on the inactive voters list may vote in the voter’s assigned |
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82 | 82 | | 54precinct on a regular ballot upon the voter’s written affirmation of continued residence in the city |
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83 | 83 | | 55or town. |
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84 | 84 | | 56 (e) The registrars shall restore to the register of voters the name and address of a voter on |
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85 | 85 | | 57the inactive voters list who notifies the registrars in writing of continued residence in the city or |
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86 | 86 | | 58town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper |
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87 | 87 | | 59or petition for a ballot question using an address in their city of town or performs acts governed |
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88 | 88 | | 60by this chapter or chapters 52, 53 or 54 that require such use of an address in their city or town. |
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89 | 89 | | 61 (f) The registrars shall remove from the inactive voters list the name of a voter that has |
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90 | 90 | | 62not been restored to the register under subsection (e) after 2 biennial state elections following the |
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91 | 91 | | 63mailing of the notice under subsection (c). The registrars shall mail forwardable notice to the |
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92 | 92 | | 64voter that the voter’s name has been removed from the inactive voters list; provided, however, |
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93 | 93 | | 65that such notice shall also include information about remaining eligible to vote, as prescribed by |
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94 | 94 | | 66the state secretary. |
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95 | 95 | | 67 (g) The state secretary shall adopt regulations to implement this section. To the extent |
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96 | 96 | | 68feasible, the state secretary shall automate processes using the central registry of voters under |
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97 | 97 | | 69section 47C. |
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98 | 98 | | 70 SECTION 3. Section 42 of said chapter 51, as so appearing, is hereby amended by |
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99 | 99 | | 71striking out the second sentence. |
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100 | 100 | | 72 SECTION 4. Whenever the term “annual register of voters” or “annual register,” |
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101 | 101 | | 73meaning the annual register of voters, appears in any statute, charter, regulation, contract, or 5 of 5 |
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102 | 102 | | 74other document, that term means the register of voters established in section 37 of chapter 51 of |
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103 | 103 | | 75the General Laws |
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