Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S503 Compare Versions

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22 SENATE DOCKET, NO. 636 FILED ON: 1/14/2025
33 SENATE . . . . . . . . . . . . . . No. 503
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Cynthia Stone Creem
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 decoupling the municipal census from voter registration.
1313 _______________
1414 PETITION OF:
1515 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
1616 SENATE DOCKET, NO. 636 FILED ON: 1/14/2025
1717 SENATE . . . . . . . . . . . . . . No. 503
1818 By Ms. Creem, a petition (accompanied by bill, Senate, No. 503) of Cynthia Stone Creem, James
1919 B. Eldridge, Sal N. DiDomenico, Jacob R. Oliveira and other members of the Senate for
2020 legislation to decouple the municipal census from voter registration. Election Laws.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act decoupling the municipal census from voter registration.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Subsection (c) of section 4 of chapter 51 of the General Laws, as appearing
3030 2in the 2022 Official Edition, is hereby amended by striking out the words “for 2 consecutive
3131 3years shall result in removal from the active voting list and may result in removal from the voter
3232 4registration rolls” and inserting in place thereof the following words:- may result in a fine.
3333 5 SECTION 2. Chapter 51 of the General Laws is hereby amended by striking out sections
3434 637, 37A and 38, as so appearing, and inserting in place thereof the following 2 sections:-
3535 7 Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes
3636 8called the register or the annual register, which shall contain the names and residential addresses
3737 9of all registered voters in their city or town and reflect the names and residential addresses
3838 10contained in the central registry of voters maintained by the state secretary under section 47C.
3939 11The registrars shall add to the register the name and residential address of every person
4040 12registering to vote under section 33A or 42 or automatically registered under sections 42G½ and 2 of 5
4141 1365. The registrars shall correct any error in the register after due investigation; provided,
4242 14however, that the registrars shall only remove a name from the register in a manner consistent
4343 15with the requirements of subsection (c).
4444 16 (b) The register shall not include the name of a voter who provides the registrars with a
4545 17copy of a court order granting protection, evidence of residence in a protective shelter or an
4646 18affidavit signed by a chief of police or designee that the voter is entitled to have certain
4747 19information withheld from the public inspection under section 24C of chapter 265.
4848 20 (c) The registrars shall remove a voter’s name and address from the register if and only if:
4949 21 (i) the voter so requests in writing;
5050 22 (ii) the registrars receive notice from the city or town clerk under section 14, or a death
5151 23record from the department of public health, indicating that the voter has died;
5252 24 (iii) the registrars receive official written notice that the voter is: (a) incarcerated for a
5353 25felony conviction; (b) disqualified by law because of corrupt practices in respect to elections; or
5454 26(c) under guardianship that prohibits voting;
5555 27 (iv) the registrars receive official written notice that the voter is registered to vote in
5656 28another jurisdiction;
5757 29 (v) the registrars determine that the voter is illegally or incorrectly registered after
5858 30complaint, notice and hearing under sections 48 and 49; or
5959 31 (vi) the registrars determine that that voter no longer resides in their city or town under
6060 32section 38. 3 of 5
6161 33 (d) The state secretary shall adopt regulations to implement this section. To the extent
6262 34feasible, the state secretary shall automate processes using the central registry of voters under
6363 35section 47C.
6464 36 Section 38. (a) The registrars shall maintain an inactive voters list. The registrars shall
6565 37remove a voter’s name and address from the register of voters and add it to the inactive voters
6666 38list the registrars receive information that the voter no longer resides in their city or town from:
6767 39(i) permanent change-of-address information supplied by the United States Postal Service or its
6868 40licensee; or (ii) the Electronic Registration Information Center, Inc. under section 47C.
6969 41 (b) Registrars receiving information under subsection (a) showing that the voter has
7070 42changed residence within their city or town shall update the voter’s address in the register
7171 43accordingly and notify the voter in writing.
7272 44 (c) Whenever the registrars remove a voter’s name and address from the register of voters
7373 45and add it to the inactive voters list under subsection (a), the registrars shall mail to the voter at
7474 46the address in the register a notice that the name of the voter may be removed from the voting list
7575 47if the voter fails to respond to such notice and does not vote during the period ending with the
7676 48second biennial state election following the mailing of the notice. The notice shall: (i) be postage
7777 49prepaid; (ii) contain a return card preaddressed to the city or town clerk with return postage
7878 50guaranteed; (iii) be sent by forwardable mail; (iv) instruct the voter to return the card before the
7979 51last day to register if the voter did not change residence from the city or town; and (v) contain
8080 52additional information about remaining eligible to vote, as prescribed by the state secretary. 4 of 5
8181 53 (d) A voter whose name is on the inactive voters list may vote in the voter’s assigned
8282 54precinct on a regular ballot upon the voter’s written affirmation of continued residence in the city
8383 55or town.
8484 56 (e) The registrars shall restore to the register of voters the name and address of a voter on
8585 57the inactive voters list who notifies the registrars in writing of continued residence in the city or
8686 58town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper
8787 59or petition for a ballot question using an address in their city of town or performs acts governed
8888 60by this chapter or chapters 52, 53 or 54 that require such use of an address in their city or town.
8989 61 (f) The registrars shall remove from the inactive voters list the name of a voter that has
9090 62not been restored to the register under subsection (e) after 2 biennial state elections following the
9191 63mailing of the notice under subsection (c). The registrars shall mail forwardable notice to the
9292 64voter that the voter’s name has been removed from the inactive voters list; provided, however,
9393 65that such notice shall also include information about remaining eligible to vote, as prescribed by
9494 66the state secretary.
9595 67 (g) The state secretary shall adopt regulations to implement this section. To the extent
9696 68feasible, the state secretary shall automate processes using the central registry of voters under
9797 69section 47C.
9898 70 SECTION 3. Section 42 of said chapter 51, as so appearing, is hereby amended by
9999 71striking out the second sentence.
100100 72 SECTION 4. Whenever the term “annual register of voters” or “annual register,”
101101 73meaning the annual register of voters, appears in any statute, charter, regulation, contract, or 5 of 5
102102 74other document, that term means the register of voters established in section 37 of chapter 51 of
103103 75the General Laws