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2 | 2 | | SENATE DOCKET, NO. 628 FILED ON: 1/14/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 510 |
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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 | | Peter J. Durant |
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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 relative to safe and secure elections. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and HampshireJohn R. Gaskey2nd Plymouth1/27/2025Joseph D. McKenna18th Worcester1/28/2025Colleen M. Garry36th Middlesex1/31/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 628 FILED ON: 1/14/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 510 |
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18 | 18 | | By Mr. Durant, a petition (accompanied by bill, Senate, No. 510) of Peter J. Durant, John R. |
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19 | 19 | | Gaskey, Joseph D. McKenna, Colleen M. Garry and others for legislation to provide a photo |
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20 | 20 | | identification card to be used for voting purposes to ensure safe and secure elections. Election |
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21 | 21 | | Laws. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to safe and secure elections. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Chapter 51 of the General Laws, as appearing in the 2022 Official Edition, |
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31 | 31 | | 2is hereby amended by adding the following section:- |
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32 | 32 | | 3 Section 67. The state secretary shall issue, upon request and at no cost to the voter, a |
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33 | 33 | | 4photo identification card to be used for voting purposes only. Upon determination that a person |
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34 | 34 | | 5meets the qualifications of a voter described in section 1, the secretary photograph the voter, and |
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35 | 35 | | 6said photograph shall appear on the voting identification card and be a straightforward looking |
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36 | 36 | | 7view of the voter without eyeglasses. The identification card shall be clearly marked “FOR |
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37 | 37 | | 8VOTING PURPOSES ONLY.” |
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38 | 38 | | 9 SECTION 2. Chapter 54 of the General Laws, as so appearing, is hereby amended by |
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39 | 39 | | 10striking out section 76 as appearing in the 2022 Official Edition and inserting in place thereof the |
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40 | 40 | | 11following section:- 2 of 4 |
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41 | 41 | | 12 SECTION 76. (a) A person desiring to vote shall, before being admitted to the enclosed |
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42 | 42 | | 13space within the guardrail, announce his or her name and address to one of the ballot clerks who |
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43 | 43 | | 14shall, if the name is found on the checklist by the ballot clerk, repeat the name and address. If the |
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44 | 44 | | 15address announced by voter is different from what appears on the checklist, but is in the same |
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45 | 45 | | 16town or ward, the ballot clerk shall record the change of address in red on the paper checklist and |
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46 | 46 | | 17the supervisors of the checklist shall cause the voter registration database to reflect the change. |
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47 | 47 | | 18 SECTION 3. Chapter 54 of the General Laws, as so appearing, is hereby amended by |
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48 | 48 | | 19striking out section 76B as appearing in the 2022 Official Edition and inserting in place thereof |
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49 | 49 | | 20the following section:- |
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50 | 50 | | 21 Section 76B. (a) The voter who desires to vote shall be asked to present proof of his or |
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51 | 51 | | 22her identity meeting the requirements of subsection (b). If the voter presents such proof of |
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52 | 52 | | 23identity to the ballot clerk, the ballot clerk shall give the voter one of each ballot to be voted on |
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53 | 53 | | 24in that election. The ballot clerk shall also mark the checklist using a ruler or other straight edge |
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54 | 54 | | 25to ensure accuracy of the mark in order to show that the voter obtained his or her ballot. If the |
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55 | 55 | | 26photo identification is an out-of-state driver's license or nondriver's identification card, the ballot |
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56 | 56 | | 27clerk shall record the state of issuance on the checklist in accordance with uniform procedures |
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57 | 57 | | 28developed by the secretary of state in a color designated for such entries and the supervisors of |
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58 | 58 | | 29the checklist or designee shall record the state of issuance of the voter's driver's license or |
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59 | 59 | | 30identification card in the statewide centralized voter registration database within 30 days of the |
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60 | 60 | | 31election. The voter shall then be allowed to enter the space enclosed by the guardrail to mark and |
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61 | 61 | | 32cast his or her ballot. 3 of 4 |
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62 | 62 | | 33 (b) A valid photo identification shall show the name of the individual to whom the |
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63 | 63 | | 34identification was issued, and the name shall substantially conform to the name in the |
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64 | 64 | | 35individual's voter registration record; it also shall show a photograph of the individual to whom |
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65 | 65 | | 36the identification was issued. The photo identification shall also have an expiration date that has |
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66 | 66 | | 37not been exceeded by a period of more than 5 years, except that a voter 65 years of age or older |
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67 | 67 | | 38may use an otherwise qualified form of identification without regard to expiration date, and |
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68 | 68 | | 39except that student identification cards shall comply with the date requirements in subparagraph |
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69 | 69 | | 40(5). |
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70 | 70 | | 41 The following forms of identification bearing a photograph of the voter shall satisfy the |
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71 | 71 | | 42identification requirements of subsection (a): |
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72 | 72 | | 43 (1) A driver's license issued under section 9 of Chapter 159A of the General Laws; |
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73 | 73 | | 44 (2) An identification card issued under section 8E of Chapter 90 of the General Laws or a |
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74 | 74 | | 45nondriver's identification card issued by the motor vehicles division, department, agency, or |
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75 | 75 | | 46office of any other state; |
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76 | 76 | | 47 (3) A United States armed services identification card; |
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77 | 77 | | 48 (4) A United States passport or card; |
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78 | 78 | | 49 (5) A voter identification card issued by the secretary of state, under Section 67 of |
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79 | 79 | | 50Chapter 51 of the General Laws; or |
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80 | 80 | | 51 (6) A challenged voter affidavit in accordance with subsection (c). 4 of 4 |
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81 | 81 | | 52 The secretary of state shall provide training for supervisors of the checklist on how the |
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82 | 82 | | 53nonpublic data in the statewide centralized voter registration database may be used to satisfy |
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83 | 83 | | 54voter identification requirements. |
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84 | 84 | | 55 (c) The secretary of state shall develop and make available an informational pamphlet |
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85 | 85 | | 56explaining the procedure for obtaining a picture identification card for voter identification |
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86 | 86 | | 57purposes only. |
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87 | 87 | | 58 (d) An individual who does not or cannot provide a valid photo identification document |
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88 | 88 | | 59they shall be able to cast a provisional ballot pursuant to section 76C of Chapter 54. |
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