Chap. 0166 An Act to facilitate voting by absent voters, members of the armed forces at city and town elections.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide sufficient time for printing and mailing absent voting war ballots to members of the armed forces and to facilitate voting by such members in cities and towns where the provisions of law in respect to absent voting in city or town elections are in effect, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. This act shall be operative for any regular city or town election, except in Boston, upon vote of the mayor and aldermen in cities or selectmen in towns, and shall, notwithstanding any contrary provisions of general or special laws, apply in such cities and towns where the provisions of law in respect to absent voting are in effect. The mayor and aldermen in cities, except in Boston, or selectmen in towns may, during the period of time in which this act is in effect in such city or town, fix the day of holding of preliminary elections in cities or city or town primaries. Where the filing of nomination papers and certification of names

thereon in cities thai have preliminary elections is based upon the day of the election, they may fix the time for tiling nomination papers and the certification of the names thereon. Where nominations for election at a city or town election are made by nomination papers, or by caucuses or conventions, they may tix the last day for tiling certificates of nomination and nomination papers, in any such city or town where petitions to place questions on the official ballot are filed, they shall also fix the last day for filing such petitions. All such petitions shall be filed with the election commissioners or registrars of voters for certification of the names thereon on or before the seventh day preceding the day so fixed for filing.

In any city or town where this act is operative wherein the voting list of the current year is not available for the purpose of certifying names, the voting list of the preceding year, as amended or revised from time to time, may be used therefor.

Except as otherwise provided in ibis act all provisions of general or special laws pertaining to elections shall apply to any regular city or town election held under this act.

Any action taken by the mayor and aldermen or selectmen fixing anj- day as authorized in this act shall be taken not later than the sixtieth day prior to the day so fixed, and such day so fixed shall be prior to the day now provided by general or special law, and if not so fixed general or special laws shall otherwise apply thereto.

Notice of such action shall be published in one or more local newspapers, if any, or posted in at least five public places within the city or town.

Section 2. The provisions of section ninety of chapter fifty-four of the General Laws shall not be operative.

Section 3. The words "armed forces of the United States" as used in this act and in chapter three hundred and ninety of the acts of nineteen hundred and forty-three, shall, for the purposes of an}' regular city or town election, include persons serving in the merchant marine of the United States, and persons serving in the American Red Cross, the Society of Friends, the Women's Auxiliary Service Pilots or the United Service Organizations and attached to and serving with such armed forces, and shall also include veterans of World War 11, so called.

Section 4. The city or (own clerk or election commissioners may determine and proscribe the weight, color and kind of paper to be used for absent voting war ballots and envelopes and accompanying voting instructions to be provided for use at any regular city or town election by members of the armed forces of the United States, in so far as may in their opinion be necessary for the purpose of facilitating \oting by absent voting war ballots by said members at such an election or for the purpose of securing the necessary paper in view of the present shortage, and may make such provision for the mailing and delivery of said ballots to

said members as may in their opinion be necessary tor such purpose. On the back of each such ballot when folded, shall be printed the words, "Official War Ballot".

Section 5. Any form of written communication from a member of the armed forces of the United States evidencing a desire that an absent voting ballot be sent to him for use for voting at any regular city or town election shall be given the same effect as an application for an absent voting ballot made in a form prescribed by law, and any such communication, whether or not in the form of an application so prescribed, shall, if such member of said armed forces is not a registered voter, also be given the same effect as an application for his registration made by kindred in compliance with chapter three hundred and ninety of the acts of nineteen hundred and forty-three. No such communication shall be adversely acted upon except after investigation by the election commissioners or registrars of voters.

Section 6. Any action in connection with voting by absent voting ballots which may lawfully be taken under chapter three hundred and ninety of the acts of nineteen hundred and forty-three or any other provision of law by, before or in the presence of an official authorized by law to administer oaths or a commissioned officer in the military or naval forces of the United States or by a clerk of a court of record may, in the case of voting by absent voting ballots by members of the armed forces of the United States at an}' regular city or town election, be taken with like effect by, before or in the presence of any commissioned officer, noncommissioned officer not below the rank of sergeant, or petty officer, in the military or naval forces of the United States, or by, before or in the presence of any member of the merchant marine of the United States who may be designated by the Administrator of the War Shipping Administration for the purpose of administering and attesting oaths in connection with voting by absent voting ballots.

Section 7. No mere informality in the manner of carrying out any provision of law affecting voting by absent voting ballots by members of the armed forces of the United States at any regular city or town election shall invalidate such election or constitute sufficient cause for the rejection of the returns thereof; and such provisions shall be construed liberally to effectuate their purposes.

Section 8. This act shall not apply to any regular city or town election held after the expiration of one year following the termination of the existing states of war between the United States and certain foreign countries.

Approved March 29, 1945.