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2 | 2 | | SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 533 |
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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 | | Rebecca L. Rausch |
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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 to ensure a complete, accurate, and equitable census count. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 7 |
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16 | 16 | | SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 533 |
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18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 533) of Rebecca L. Rausch for |
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19 | 19 | | legislation relative to ensure a complete, accurate, and equitable census count. Election Laws. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 432 OF 2023-2024.] |
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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 to ensure a complete, accurate, and equitable census count. |
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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 The General Laws, as appearing in the 2022 Official Edition, are hereby amended by |
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31 | 31 | | 2inserting after chapter 57 the following new chapter:- |
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32 | 32 | | 3 Chapter 57A – Census Equity and Accuracy |
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33 | 33 | | 4 Section 1. For purposes of this chapter, the following words shall have the following |
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34 | 34 | | 5meanings: |
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35 | 35 | | 6 “Census day”, the day by which residents in the United States must be counted, as set |
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36 | 36 | | 7forth in title 13 of the United States Code. |
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37 | 37 | | 8 “Commission”, the Massachusetts census equity commission. 2 of 7 |
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38 | 38 | | 9 “Persons experiencing homelessness”, individuals who lack, or are perceived to lack, a |
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39 | 39 | | 10fixed, regular, and adequate nighttime residence. Persons experiencing homelessness includes, |
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40 | 40 | | 11but is not limited to, persons who: (1) share the housing of other persons due to loss of housing, |
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41 | 41 | | 12economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds |
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42 | 42 | | 13due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or |
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43 | 43 | | 14transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6) |
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44 | 44 | | 15have a primary nighttime residence that is a public or private place not designed for or ordinarily |
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45 | 45 | | 16used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public |
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46 | 46 | | 17spaces, abandoned buildings, bus or train stations or similar settings; or (8) are transient and |
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47 | 47 | | 18otherwise experiencing homelessness as described in this subsection. |
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48 | 48 | | 19 “Undercounted communities”, groups of residents of the commonwealth who are |
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49 | 49 | | 20traditionally undercounted in census implementations, including but not limited to: (1) |
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50 | 50 | | 21communities of color; (2) immigrants, regardless of documentation; (3) individuals of all gender |
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51 | 51 | | 22identities, gender presentations, and sexual orientations; (4) individuals with incomes under |
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52 | 52 | | 23200% of the federal poverty line; (5) persons experiencing homeless; (6) individuals with |
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53 | 53 | | 24disabilities; (7) individuals who are veterans; (8) individuals under the age of 16 years; (9) |
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54 | 54 | | 25individuals for whom English is not their first language; (10) residents of rural communities; and |
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55 | 55 | | 26(11) residents of subsidized housing. |
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56 | 56 | | 27 Section 2. (a) There is hereby established, within the office of the state secretary, the |
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57 | 57 | | 28Massachusetts census equity commission. The purpose of the commission shall be to ensure that |
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58 | 58 | | 29Massachusetts censuses accurately and completely count all residents of the commonwealth, |
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59 | 59 | | 30including but not limited to undercounted communities. 3 of 7 |
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60 | 60 | | 31 (b) The commission shall consist of 29 members, as follows: the secretary of state, or |
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61 | 61 | | 32designee, who shall serve as chair; the attorney general, or designee; the Senate chair of the |
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62 | 62 | | 33committee on election laws; the House chair of the committee on redistricting; the Senate |
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63 | 63 | | 34minority leader, or designee; the House minority leader, or designee; a Senate member of the |
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64 | 64 | | 35Black and Latino Legislative Caucus; a House member of the Asian Legislative Caucus; the |
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65 | 65 | | 36commissioner of the department of elementary and secondary education, or designee; the |
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66 | 66 | | 37commissioner of the office of refugees and immigrants, or designee; a member of the Boston city |
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67 | 67 | | 38council, selected by majority vote of the council; a member of the Worcester city council, |
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68 | 68 | | 39selected by majority vote of the council; a member of the Springfield city council, selected by |
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69 | 69 | | 40majority vote of the council; a member of the Lowell city council, selected by majority vote of |
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70 | 70 | | 41the council; a member of the New Bedford city council, selected by majority vote of the council; |
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71 | 71 | | 42a member of the Barnstable town council, selected by majority vote of the council; a member of |
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72 | 72 | | 43the Greenfield town council, selected by majority vote of the council; the executive director of |
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73 | 73 | | 44the Massachusetts Immigrant and Refugee Advocacy Coalition; a representative of the Grove |
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74 | 74 | | 45Hall Safe Neighborhood Initiative; the executive director of the Massachusetts Coalition for the |
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75 | 75 | | 46Homeless; 4 members appointed by the speaker of the house of representatives who shall be |
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76 | 76 | | 47residents of the Commonwealth, 2 of whom shall represent faith communities of color in the |
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77 | 77 | | 48commonwealth, 1 of whom shall represent minority and women-owned businesses in the |
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78 | 78 | | 49commonwealth, and 1 of whom shall be a member of the Wampanoag tribe; and 5 members |
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79 | 79 | | 50appointed by the president of the senate who shall be residents of the Commonwealth, 1 of |
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80 | 80 | | 51whom shall represent youth residents of the commonwealth, 1 of whom shall represent older |
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81 | 81 | | 52adult residents of the commonwealth, 1 of whom shall be a veteran, 1 of whom shall represent |
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82 | 82 | | 53individuals with disabilities, and 1 of whom shall represent tenants and renters. Appointments 4 of 7 |
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83 | 83 | | 54shall promote diverse geographic, cultural, ethnic, racial, and gender representation on the |
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84 | 84 | | 55commission. |
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85 | 85 | | 56 Section 3. (a) The commission shall develop and implement census outreach programs to: |
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86 | 86 | | 57increase awareness of the census, focusing efforts in undercounted communities; educate |
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87 | 87 | | 58residents of the commonwealth about the importance of an accurate census count; alleviate |
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88 | 88 | | 59concerns about perceived repercussions for participating in the census count; and engage |
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89 | 89 | | 60undercounted communities in the census counting process. |
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90 | 90 | | 61 (b) The census outreach programs shall take into account barriers to proper counting of |
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91 | 91 | | 62all residents of the commonwealth. |
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92 | 92 | | 63 (c) The census outreach programs shall include communications to residents of the |
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93 | 93 | | 64commonwealth through school-based programs, partnerships with non-profit and community- |
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94 | 94 | | 65based programs, and a multi-lingual, multi-media, multi-platform campaign. |
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95 | 95 | | 66 (d) For purposes of implementing the census outreach programs, the commission shall |
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96 | 96 | | 67solicit participation from relevant experts and practitioners as necessary to achieve the goals set |
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97 | 97 | | 68forth in subsection (a) of this section; and may create and appoint working groups as it deems |
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98 | 98 | | 69appropriate. |
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99 | 99 | | 70 Section 4. The commission shall be coordinated through the office of the secretary of |
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100 | 100 | | 71state which shall provide administrative support to the commission and coordinate with state |
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101 | 101 | | 72agencies and constitutional officers, as well as units of local government, to identify effective |
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102 | 102 | | 73methods of outreach and to provide resources to ensure that outreach programs are successful |
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103 | 103 | | 74and all residents are counted. 5 of 7 |
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104 | 104 | | 75 Section 5. (a) Members of the commission shall serve four-year terms, provided that no |
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105 | 105 | | 76term shall terminate within the 24-month period prior to a census day or the 6-month period |
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106 | 106 | | 77subsequent to a census day. |
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107 | 107 | | 78 (b) Members of the commission shall receive no compensation for their services but may |
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108 | 108 | | 79be reimbursed for expenses incurred in the course of their service on the commission. |
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109 | 109 | | 80 (c) The commission may employ a director and assistant director upon a simple majority |
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110 | 110 | | 81vote of the full membership of the commission. The director and assistant director may be |
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111 | 111 | | 82compensated from moneys appropriated or available for that purpose. |
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112 | 112 | | 83 Section 6. Vacancies on the commission shall be filled in like manner as the original |
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113 | 113 | | 84appointment. |
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114 | 114 | | 85 Section 7. (a) During the 24-month period prior to a census day, the commission shall |
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115 | 115 | | 86meet at least monthly, or more frequently at the call of the chair or by majority vote of the |
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116 | 116 | | 87members. |
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117 | 117 | | 88 (b) At all times other than the period set forth in subsection (a) of this section, the |
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118 | 118 | | 89commission shall meet at least quarterly, or more frequently at the call of the chair or by majority |
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119 | 119 | | 90vote of the members. |
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120 | 120 | | 91 (c) To the extent practicable, the commission shall rotate meeting locations throughout |
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121 | 121 | | 92every region of the commonwealth. |
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122 | 122 | | 93 Section 8. The secretary of the commonwealth shall use all reasonable efforts to secure |
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123 | 123 | | 94federal funding for implementation of the census outreach programs. At least forty percent of the 6 of 7 |
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124 | 124 | | 95funds spent implementing the census outreach programs must be spent on undercounted |
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125 | 125 | | 96communities. |
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126 | 126 | | 97 Section 9. (a) Not later than June 1 in the odd-numbered year immediately preceding a |
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127 | 127 | | 98census day, the commission shall file with the governor, the secretary of the commonwealth, the |
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128 | 128 | | 99attorney general, and the general court joint committees on election laws and redistricting, an |
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129 | 129 | | 100interim report containing: (1) its proposed census outreach programs to encourage full |
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130 | 130 | | 101participation and avoid an undercount in the upcoming decennial census; and (2) any |
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131 | 131 | | 102recommendations for regulatory or legislative action necessary to ensure an accurate count of all |
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132 | 132 | | 103Massachusetts residents in the upcoming decennial census. |
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133 | 133 | | 104 (b) The general court joint committees on election laws and redistricting may, separately |
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134 | 134 | | 105or collectively, issue to the commission suggestions for improvements to the proposed census |
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135 | 135 | | 106outreach programs contained in the interim report. The committees may, separately or |
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136 | 136 | | 107collectively, hold public hearings in advance of preparing and issuing said suggestions. Any |
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137 | 137 | | 108suggestions must be issued to the commission by November 1 in the odd-numbered year |
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138 | 138 | | 109immediately preceding a census day. |
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139 | 139 | | 110 (c) Not later than December 10 in the odd-numbered year immediately preceding a |
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140 | 140 | | 111census day, the committee shall file with the governor, the secretary of the commonwealth, the |
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141 | 141 | | 112attorney general, and the general court joint committees on election laws and redistricting, a final |
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142 | 142 | | 113report containing the census outreach programs to be implemented throughout the |
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143 | 143 | | 114commonwealth. |
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144 | 144 | | 115 (d) Not later than February 1 in the odd-numbered year immediately subsequent to a |
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145 | 145 | | 116census day, the committee shall file with the governor, the secretary of the commonwealth, the 7 of 7 |
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146 | 146 | | 117attorney general, and the legislative committees on election laws and redistricting, a post- |
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147 | 147 | | 118implementation report containing: (1) a detailed accounting of the census outreach programs |
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148 | 148 | | 119implemented for the immediately prior decennial census; (2) an assessment of the perceived |
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149 | 149 | | 120levels of success of the components of the census outreach programs; (3) recommendations for |
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150 | 150 | | 121improvements in the next census outreach programs, including in the commission’s discretion |
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151 | 151 | | 122appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the |
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152 | 152 | | 123commission’s work. |
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153 | 153 | | 124 (e) The commission may update its post-implementation report as appropriate, in its |
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154 | 154 | | 125discretion, until December 31 in the second odd-numbered year subsequent to a census day. |
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