Chapter 475. AN ACT INCREASING ELECTORAL PARTICIPATION IN THE COMMONWEALTH
Whereas, The deferred operation of this act would tend to defeat its purpose, which is, in part, to begin immediate preparations to comply with federal law and to increase electoral participation in the commonwealth, 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. Section 1 of chapter 50 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the definition of "Election officer" the following two definitions:-
"Family member", a spouse or person residing in the same household, in-laws, father, mother, sister or brother of the whole or half blood, son, daughter, adopting parent or adopted child, stepparent or stepchild, uncle, aunt, niece, nephew, grandparent or grandchild.
"Federal act", the National Voter Registration Act of 1993, 42 USC 1973 gg to 1973 gg-10, inclusive, as may be amended from time to time.
SECTION 2. Said section 1 of said chapter 50, as so appearing, is hereby further amended by inserting after the definition of "Registrars" the following two definitions:-
"Registration agency", a location where eligible citizens may register as voters, including city or town clerk's offices, military recruitment offices, offices of the registry of motor vehicles and of all state agencies that provide public assistance or assistance to people with disabilities, offices that provide state-funded programs primarily engaged in providing services to people with disabilities, and any other offices which the state secretary shall designate by regulation.
"Specially qualified voter", a person (a) who is otherwise eligible to register as a voter; and (b) (1) whose present domicile is outside the United States and whose last domicile in the United States was Massachusetts; or (2) whose present domicile is Massachusetts and who is:
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(i) absent from the city or town of residence and in the active service of the armed forces or in the merchant marine of the United States, or a spouse or dependent of such person;
(ii) absent from the commonwealth; or
(iii) confined in a correctional facility or a jail.
SECTION 2A. Section 4 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3, 5, 11, 24 and 26, the word "shall" and inserting in place thereof, in each instance, the following word:- may.
SECTION 3. Said section 4 of said chapter 51, as so appearing, is hereby further amended by striking out, in lines 35 and 36, the words "may result in removal from the voting list" and inserting in place thereof the following words:- shall result in removal from the active voting list and may result in removal from the voter registration rolls.
SECTION 4. Said chapter 51 is hereby further amended by inserting after section 4 the following section:-
Section 4A. During the course of the annual listing of residents, the registrars shall notify residents of the opportunity to register as voters and shall provide residents with assistance in registering to vote. Said registrars may, for this purpose provide to such residents in the course of such listing, forms for affidavits of voter registration prescribed by the state secretary pursuant to section thirty-six, which registrants shall complete during the listing or by return mail. Said registrars shall in any event make such forms available upon request for all eligible residents who are not registered voters.
SECTION 5. Section 12 of said chapter 51, as appearing in the 1992 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In all registration agencies and other government offices where voter registration is conducted, there shall be posted in a conspicuous place a legible copy of sections seven, eight and nine of chapter fifty-six.
SECTION 6. Section 26 of said chapter 51, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following four sentences:- As used in this section and section forty-two H, "election" shall include every state, city or town primary, preliminary election, election, or town meeting. The registrars, for the purpose of registering voters, shall hold such day and evening sessions as the town, by by-law, or the city, by ordinance, shall prescribe and such other sessions at locations as they deem necessary to allow voters to register and they may for such purposes, use mobile registration units; provided, however, that except as provided in sections thirty-four and fifty, registration for the next election shall take place no later than eight o'clock in the evening on the twentieth day preceding such election and no later than eight o'clock in the evening on the tenth day preceding a special town meeting. Mailed affidavits of registration postmarked before midnight on the final day to register for an election shall be effective for such election, as provided in section forty-two G. If a postmark is unclear or illegible, a mailed affidavit shall be accepted until the fifth day after the final day to register.
SECTION 7. Section twenty-seven of said chapter fifty-one is hereby repealed.
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SECTION 8. Said chapter 51 is hereby further amended by striking out section 28, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-
Section 28. They shall hold a continuous session from nine o'clock ante meridian until eight o'clock in the evening on the last day for registration prescribed under section twenty-six; provided, however, that in towns having less than fifteen hundred voters, such session shall be sufficient if it includes the time from two to four o'clock in the afternoon and from seven to eight o'clock in the evening.
SECTION 9. Sections twenty-nine, twenty-nine A, twenty-nine B and thirty of said chapter fifty-one are hereby repealed.
SECTION 10. Section 31 of said chapter 51, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence.
SECTION 11. Section 34 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 1 and 5, the word "ten" and inserting in place thereof, in each instance, the following word:- eight.
SECTION 12. Said chapter 51 is hereby further amended by striking out section thirty-six, as so appearing, and inserting in place thereof the following section:-
Section 36. The state secretary shall prepare in sufficient quantity blank forms for affidavits of voter registration in accordance with regulations prescribed by the Federal Election Commission and shall be responsible for supplying such forms to all registration agencies. Such form shall be designed to provide the registrant with a copy thereof at the time of registration at a registration agency.
The state secretary shall provide English and Spanish affidavits of voter registration to all registration agencies. Said secretary shall provide forms in such additional languages as he deems necessary or as required by law.
The state secretary shall provide nongovernmental and private entities with sufficient quantities of such affidavit forms free of charge. Said secretary shall make such forms widely available for distribution through governmental, nongovernmental and private entities, with particular emphasis on making them available for organized voter registration programs.
A completed affidavit of voter registration shall be mailed, transmitted or otherwise delivered forthwith, within five calendar days, to the board of registrars of the city or town wherein which registrant resides.
All expenses incurred in the mailing of affidavits by registration agencies, except by the offices of city or town clerks or by individual registrants, shall be paid by the state secretary, subject to appropriation.
SECTION 13. Section 37 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 24 to 27, inclusive, the words "has not been so entered, such notice to be sent by first class mail bearing the proper address to which the same may be returned in case of nondelivery, and the", and inserting in place thereof the following words:- may be removed from the voting list if the voter fails to respond to the notice and does not vote
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in the next two biennial state elections following the mailing of such notice. Such notice shall (1) be postage prepaid; (2) contain a preaddressed return card; (3) be sent by forwardable mail; (4) instruct the voter to return the card before the last day to register if the voter did not change residence from the city or town; and (5) contain additional information about remaining eligible to vote, as prescribed by the state secretary. The.
SECTION 14. Said chapter 51 is hereby further amended by inserting after section 37 the following section:-
Section 37A. The name and address of a voter that is not entered in the annual register pursuant to section thirty-seven shall be maintained on an inactive voters list until such voter has failed to vote in two consecutive biennial state elections and has thereafter been notified, by mail, of such removal from the inactive voters list.
SECTION 15. Section 42 of said chapter 51, as" appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 7 to 8, inclusive, the words "appear in person and make an affidavit of registration before a registrar or assistant registrar" and inserting in place thereof the words:- make an affidavit of registration as provided in this chapter and in the National Voter Registration Act of 1993.
SECTION 16. Section forty-two B of said chapter fifty-one is hereby repealed.
SECTION 17. Said chapter 51 is hereby further amended by striking out section 42E, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-
Section 42E. All public and independent colleges, universities, high schools and vocational schools shall make available affidavit of voter registration forms at all locations where students may register for classes. Such locations shall be published along with the annual course listing for students or in some other schoolwide publication. Every such school shall publicize the availability of such voter registration affidavit forms within the school.
SECTION 18. Said chapter 51 is hereby further amended by striking out section 42F, as so appearing, and inserting in place thereof the following section:-
Section 42F. At every registration session held pursuant to this chapter, a registrar or assistant registrar shall receive affidavits of registration from registrants who reside in any other city or town of the commonwealth. The registrars shall forthwith transmit any such completed affidavits of registration to the registrars of the city or town where such registrant claims to reside, and said registrars shall receive such affidavits as provided in sections forty-six to forty-seven B, inclusive. All registration agencies shall use the registration affidavit form prescribed by the state secretary under section thirty-six.
SECTION 19. Said chapter 51 is hereby further amended by inserting after section 42F the following two sections:-
Section 42G. All registration agencies shall provide assistance with voter registration as required by 42 USC 1973 gg-5. Registration agencies shall transmit forthwith, within five calendar days, each completed affidavit of voter registration to the board of registrars of the city or town wherein the registrant resides and shall maintain a record thereof. The state secretary shall adopt regulations governing such transmission, which shall include, but not
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be limited to, provisions requiring registration agencies to employ the most cost-effective forms of transmission; provided, however, that the department of correction shall provide prison industries assistance in such transmission as the state secretary may require. A registrant shall be deemed to be a registered voter at the time of completion of a signed affidavit at a registration agency or on the date that the affidavit of voter registration is postmarked or on the day that it is delivered by hand to the registrars.
The state secretary shall enter into cooperative agreements with additional agencies of state government that agree to function as registration agencies. Such agreements shall provide that the state secretary shall conduct appropriate training of agency staff, shall provide all forms, material and equipment necessary to carry out voter registration activities, and shall have oversight responsibility to insure proper compliance with applicable provisions of federal and state law.
Section 42H. Registrars of voters in cities and towns shall receive completed affidavits of voter registration from registration agencies, from individuals and organizations conducting voter registration, through the United States mail and by hand delivery. Upon receipt of each completed affidavit, the registrars shall certify the receipt thereof and shall notify the registrant of the disposition of the affidavit. Said registrars shall add the registrant's name, address and effective date of registration to the annual register of voters in accordance with section forty-six, effective at the time set forth in section forty-two G; provided, however, that the state secretary may, by regulation adopted pursuant to section forty-seven C, provide that electronic transmission alone of the information contained in the affidavit to the registrars shall be sufficient for this purpose, if the affidavit is maintained on file at the registration agency. The registrars may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts.set forth in the affidavit that the registrant is not qualified to register as a voter, the registrars shall proceed in accordance with the provisions of section forty-seven. If an affidavit is dated by the registration agency or postmarked during the period when registration to qualify as a voter in a particular election is prohibited by section twenty-six, the registrant's name shall be added to the annual register for all subsequent elections and the registrars shall so notify such registrant. All records of voter registration held by registration agencies shall be available for inspection and copying by the registrars of the registrant's city or town or by summons in a legal proceeding.
SECTION 20. Said chapter 51 is hereby further amended by striking out section 44, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-
Section 44. A person seeking to register shall complete an affidavit of voter registration form as prescribed in section thirty-six, and shall sign the affidavit under the penalty of perjury. A person registering as a voter may, at the same time, establish his enrollment in a political party or political designation, as provided in section thirty-eight of chapter fifty-three, by indicating his desire to be so enrolled on the affidavit of voter registration.
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SECTION 21. Section 46A of said chapter 51, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word "resided" and inserting in place thereof, in each instance, the following words:- registered to vote.
SECTION 22. Said chapter 51 is hereby further amended by inserting after section 47B the following section:-
Section 47C. Subject to appropriation, the state secretary shall maintain a central registry of voters, which shall contain the names, addresses, and effective dates of registration of all registered voters in the commonwealth, and shall adopt regulations governing the operation of said central registry. Said secretary may by agreement with another state agency, designate such other state agency to manage said central registry, subject to the control and supervision of said secretary. The names and addresses contained in said central registry shall not be deemed to be a matter of public record; provided, however, that they shall be available to state party committees, candidate committees, and state ballot question committees at a fair and reasonable cost not to exceed the cost of printing or preparing computer readable documents.
SECTION 23. Section 50 of said chapter 51, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 3, the words "hundred and three B of chapter fifty-four" and inserting in place thereof the following words:- of chapter fifty.
SECTION 24. Section 59 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "list of the names of voters in the precinct not entered in at least the current annual register under section thirty-seven" and inserting in place thereof the following words:- inactive voters list.
SECTION 25. Section 60 of said chapter 51, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Such registrars shall also make available at such locations the inactive voters list.
SECTION 26. The first paragraph of section 37 of chapter 53 of the General Laws, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following three sentences:- If the party enrollment of the voter is not shown on the voting list the ballot clerk shall ask such voter in which political party's primary he desires to vote, and the ballot clerk, upon reply, shall distinctly announce the name of such political party, and shall record the voter's selection upon the voting list. The ballot clerk shall then give the voter the ballot of the political party so requested. If the voter was unenrolled prior to the selection of a party ballot he shall continue to be unenrolled and shall be recorded as unenrolled in the current annual register of voters; provided, however, that in a presidential primary, the voter shall become enrolled in and shall remain a member of the political party whose ballot he received until he files a certificate, signed under the pains and penalties of perjury, with the board of registrars of voters, requesting to have his enrollment changed to another party or political designation or cancelled or by appearing in person before a member of said board and requesting, in writing, that such enrollment be changed or cancelled.
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SECTION 27. The first paragraph of section 37A of said chapter 53, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A voter desiring to vote by absentee ballot in a primary shall specify on his application for the ballot the party with which he is enrolled or, if he is unenrolled, the party in whose primary he desires to vote.
SECTION 28. Said section 37A of said chapter 53, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:-
The officers processing absentee ballots shall cause to be recorded upon the voting lists to be used at the polling place the political party in whose primary the absentee voter has cast his ballot if he is unenrolled, or the officers charged with the casting of such absentee ballot at the polling place shall so record on the voting list the political party in whose primary the absentee voter has cast his ballot if he is unenrolled.
If the voter was unenrolled prior to the selection of a party ballot he shall continue to be unenrolled and shall be recorded as unenrolled in the current annual register of voters; provided, however, that, in a presidential primary, the voter shall become enrolled in and shall remain a member of the political party whose ballot he received until he files a certificate, signed under the pains and penalties of perjury with the board of registrars of voters, requesting to have his enrollment changed to another party or political designation or cancelled or by appearing in person before a member of said board and requesting, in writing, that such enrollment be changed or cancelled.
SECTION 29. The first paragraph of section 38 of said chapter 53, as so appearing, is hereby amended by striking out the first three sentences and inserting in place thereof the following three sentences:- No voter enrolled under this section or section thirty-seven shall be allowed to receive the ballot of any political party except that in which he is so enrolled; provided, however, that, except as otherwise provided in said section thirty-seven, a voter may, except within a period beginning at eight o'clock in the evening of the twentieth day prior to any primary and ending with the day of such primary, establish, change or cancel his enrollment by forwarding to the board of registrars of voters a certificate signed by such voter under the pains and penalties of perjury, requesting to have his enrollment established with a party or political designation, changed to another party or political designation, or cancelled, or by appearing in person before a member of said board and requesting, in writing, that such enrollment be so established, changed or cancelled. The processing of an absentee ballot to be used at a presidential primary shall also be deemed to established the enrollment of a voter in a political party, effective as of the date of said processing. Except as otherwise provided in section twelve of chapter four, sections one and two of chapter fifty-two, and sections forty A and forty-eight of this chapter, such enrollment, change or cancellation shall take effect upon the receipt by said board of such certificate or appearance, as the case may be; provided, however, that no such enrollment, change or cancellation shall take effect for a primary during the twenty days prior to such primary.
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SECTION 30. Said section 38 of said chapter 53, as so appearing, is hereby further amended by inserting after the word "At", in line 36, the following word:- presidential.
SECTION 31. Said section 38 of said chapter 53, as so appearing, is hereby further amended by inserting after the word "ballot", in line 53, the following words:- in such presidential primary.
SECTION 32. Section 86 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "hundred and three B of chapter fifty-four" and inserting in place thereof the following words:- of chapter fifty.
SECTION 33. Said section 86 of said chapter 54, as so appearing, is hereby further amended by striking out, in line 13, the words "or eighty-nine A".
SECTION 34. The first paragraph of section 87 of said chapter 54, as so appearing, is hereby amended by striking out clause (b).
SECTION 35. Said section 87 of said chapter 54, as so appearing, is hereby further amended by striking out, in lines 15 and 16 the words "affidavits of the voter and of the witness to his oath that they have complied" and inserting in place thereof the following words:- voter's affidavit of compliance.
SECTION 36. Said chapter 54 is hereby further amended by striking out section 89, as so appearing, and inserting in place thereof the following section-Section 89. Any form of written communication evidencing a desire to have an absent voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. No application shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters before noon on the day preceding the election for which such absent voting ballot is requested; provided, however, that if the day preceding such election is a Sunday or legal holiday, then it shall be received by such clerk or registrars before five o'clock post meridian on the last previous day on which such office is open. An application by a voter admitted to a health care facility after noon of the fifth day before the relevant election, as provided in subsection (c) of section ninety-one B, may be received up until the time the polls close.
The provisions of section eighty-one relative to spoiled ballots shall apply to absent voting ballots; provided, however, that no request for a substitute ballot from a voter who has received his ballot by mail shall be valid unless it is accompanied by the spoiled ballot and received in the office of the city or town clerk or the registrars of voters before noon on the day preceding the election for which such substitute absent voting ballot is requested.
No ballot shall be mailed or delivered, as provided in section ninety-one B, until an application has first been filed and certified by the registrars and returned to the clerk, as provided in section ninety-one. Said application may request an absent voting ballot for each regular or special primary and regular or special election which occurs within the calendar year in which the application is received by the city or town clerk or registrars.
A family member of a person qualified to vote by absent voting ballot may apply in the same manner on behalf of such person. Such applicant shall state his relationship to the
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absent voter, shall sign the application under the pains and penalties of perjury, and shall transmit the application to the clerk of the city or town of the absent voter's residence.
SECTION 37. Section eighty-nine A of said chapter fifty-four is hereby repealed.
SECTION 38. Section 91 of said chapter 54, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "the parent of a duly registered voter as set forth in sections eighty-six and eighty-nine A" and inserting in place thereof the following words:-   a family member of a duly registered voter.
SECTION 39. Said section 91 of said chapter 54, as so appearing, is hereby further amended by striking out the third sentence.
SECTION 40. Said chapter 54 is hereby further amended by inserting after section 91 the following two sections:-
Section 91 A. A specially qualified voter, as defined in section one of chapter fifty, who qualifies for an absent voting ballot pursuant to section eighty-six, or a family member of such specially qualified voter, may apply for an absent voting ballot in the manner prescribed in section eighty-nine. The registrars may cause an investigation of such resident's qualifications to be made by a police officer who shall forthwith, after such investigation, report to them his findings with respect thereto, and for such purpose, the board or officer in charge of the police force of the city or town shall give the registrars such assistance as they may require.
If the registrars certify that such resident has the qualifications for voting, the clerk shall deliver an official absent voting ballot to such resident in the manner prescribed in section ninety-one B. If not so certified, such registrars shall give written notice thereof to the applicant and give him an opportunity to be heard. Such registrars shall, seasonably, before every election prepare a list of the names and addresses of specially qualified voters so certified and shall promptly post such lists in their principal office and transmit a copy thereof for each precinct, to the election officers of each such precinct.
Applications under this section shall be subject to challenge under sections forty-seven A to forty-nine, inclusive, of chapter fifty-one, and shall be subject to the penalties for offenses concerning the listing or registration of voters as provided by sections one, two, three, five, six, seven, eight and nine of chapter fifty-six.
Section 91B. The official absent voting ballot and accompanying papers described in section eighty-seven shall be delivered as hereinafter provided.
(a)   Except as required by subsections (b) and (c), the ballot and accompanying papers shall be mailed postage prepaid or, if the voter so requests, delivered when called for at the office of the clerk. No ballot shall be mailed to a designated health care facility within the city or town where the voter is registered.
(b)  To a voter who is a patient or resident at a designated health care facility, the ballot and accompanying papers shall be delivered, in person, by a registrar, assistant registrar or absent registration officer, at the designated address. For the purposes of this section, a "designated health care facility" shall mean a health care facility as defined in section twenty-five B of chapter one hundred and eleven, within the city or town, which has been designated for the purpose of supervised absentee voting, in writing, and filed with the
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city or town clerk, not later than twenty-eight days before a primary or election, by any two registrars or election commissioners.
(c) To a voter who states, under penalty of perjury, that he has been admitted to a health care facility, as defined in section twenty-five B of chapter one hundred and eleven after noon of the fifth day before the relevant election, the ballot and accompanying papers shall, unless the clerk determines that there is insufficient time, be delivered in the same manner as provided in subsection (b); provided, however, that if permitted in the sole discretion of the city or town clerk, a person designated in writing by the voter and who is not a candidate for an office at the election, may instead perform the functions of an election official. If the health care facility is outside the city or town and no such family member is available for such purpose, the ballot need not be delivered in person, but may be mailed.
SECTION 41. Said chapter 54 is hereby further amended by striking out section 92, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-
Section 92. A voter who has received an official absent voting ballot shall mark it in the presence of no other person, except as provided in section ninety-eight. The voter shall then enclose and seal the ballot in the envelope provided pursuant to clause (c) of the first paragraph of section eighty-seven, and execute the affidavit on such envelope. The voter shall return the ballot, sealed in such envelope, as hereinafter provided.
(a)  A voter who receives the ballot by mail, as provided in subsection (a) of section ninety-one B, may return it by mail to the city or town clerk in the envelope provided pursuant to subsection (d) of section eighty-seven, or such voter or a family member may deliver it in person to the office of the city or town clerk. A voter to whom a ballot was delivered in person at the office of the clerk as provided in said subsection (a) of said section ninety-one B shall return it without removing the ballot from such office.
(b)  A voter to whom an election official delivered the ballot in person at a designated health care facility, as provided in subsection (b) of section ninety-one B, shall return it to such election official, who shall return it in his custody to the office of the city or town clerk.
(c)  A voter to whom a ballot was delivered in person as provided in subsection (c) of section ninety-one B shall return it to the person who delivered it, and such person shall immediately return it in his custody to the office of the city or town clerk.
SECTION 42. The first paragraph of section 94 of said chapter 54, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- He shall remove therefrom the inner envelope provided for in clause (c) of the first paragraph of section eighty-seven and, without opening such inner envelope, compare the signature thereon with the signature on the application therefor, except if a family member signed the application or if the voter received assistance in signing the application or the envelope, and examine the affidavit on each such envelope. If he finds that such affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by sections ninety-two and ninety-three, or except as provided in the preceding sentence was not signed by the person
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who signed the application therefor, he shall mark across the face thereof "Rejected as defective", and shall place on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be, opposite the name of the voter the capital letter R.
SECTION 43. Said first paragraph of said section 94 of said chapter 54, as so appearing, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- If he does not mark the envelope "Rejected as defective", he shall mark a check against the name of the voter on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be.
SECTION 44. Section 95 of said chapter 54, as so appearing, is hereby amended by striking out, in lines 15 to 20, inclusive, the words "list referred to in section one hundred and three M of chapter fifty-four, as the case may be, if it has not already been so checked. He shall then remove from such envelope the envelope referred to in subsection (c) of section eighty-seven or subsection (b) of section one hundred and three O, as the case may be," and inserting in place thereof the following words:- lists of specially qualified voters, disposition list required by section ninety-one A, as the case may be, if it has not already been so checked. He.
SECTION 45. Section 100 of said chapter 54, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "or SAV have been placed, as provided in section ninety-one or in section one hundred and three G, as the case may be" and inserting in place thereof the following words:- have been placed as provided in section ninety-one.
SECTION 46. Sections one hundred and three B to one hundred and three O, inclusive, of said chapter fifty-four are hereby repealed.
SECTION 47. The first paragraph of section 103P of said chapter 54, as appearing in the 1992 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The provisions of this section shall apply to any regular annual or biennial city or town election, notwithstanding any general or special law to the contrary.
SECTION 48. Section 103Q of said chapter 54, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "by specially qualified voters".
SECTION 49. Chapter 56 of the General Laws is hereby amended by striking out section 5, as so appearing, and inserting in place thereof the following section-Section 5. Whoever knowingly gives to a registrar, assistant registrar, member of a listing board or police officer, for the purpose of making a list of residents seventeen years of age or older or a report under the laws relating to the listing and registration of voters, the name of any person as a resident of a building, who is not a resident thereof, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than five years, or both.
SECTION 50. Said chapter 56 is hereby further amended by- striking out section 8, as so appearing, and inserting in place thereof the following section:-
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Section 8. Whoever causes or attempts to cause his name to be registered, knowing that he is not a qualified voter in the place of such registration or attempted registration; whoever registers or attempts to register under a name other than his own; whoever represents or attempts to represent himself as some other person to an election commissioner, registrar or assistant registrar; whoever gives a false answer to an election commissioner, registrar, or assistant registrar respecting any matter relating to his registration or his right to vote; whoever otherwise illegally registers or attempts to register; or whoever aids or abets any other person in doing any of the acts above mentioned, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than five years, or both.
SECTION 51. Said chapter 56 is hereby further amended by striking out section 26, as so appearing, and inserting in place thereof the following section:-
Section 26. Whoever, knowing that he is not a qualified voter in any place, wilfully votes or attempts to vote therein; whoever votes or attempts to vote more than once on his own name, his name having been registered more than once; whoever votes or attempts to vote in more than one voting precinct or town, his name having been registered in more than one voting precinct or town; whoever votes or attempts to vote in any name other than his own, or knowingly casts or attempts to cast more than one ballot at one time of balloting; or whoever votes or attempts to vote otherwise illegally, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than five years, or both.
SECTION 52. Said chapter 56 is hereby further amended by striking out section 28, as so appearing, and inserting in place thereof the following section:-
Section 28. Whoever, at a primary, caucus or election, aids or abets a person who is not entitled to vote, in voting or attempting to vote, or in voting or attempting to vote under a name other than his own, or in casting or attempting to cast more than one ballot, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than five years, or both.
SECTION 53. Chapter 90 of the General Laws is hereby amended by inserting after section 8K the following section:-
Section 8L. The registry of motor vehicles shall act as a "registration agency" as defined in section one of chapter fifty and shall perform all duties established under state and federal law therefor. Application forms and procedures used by the registry shall comply with the provisions of 42 USC 1973 gg-3 and 1973 gg-5 of the National Voter Registration Act of 1993, as may be amended from time to time.
SECTION 54. There is hereby established a voter registration reform advisory commission to consist of nineteen members, as follows: the house chairman and the senate chairman of the joint committee on election laws, one member of the senate, one member of the house of representatives, the state auditor or his designee, the chairpersons or their designees of the major political parties, and twelve members appointed by the state secretary, two of whom shall be town clerks approved by the Massachusetts Town Clerks Association,
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and two of whom shall be city clerks or election commissioners approved by the Massachusetts City Clerk's Association, and representatives of nongovernmental voter registration, voter education, community and labor organizations. Said commission shall, annually, elect a chairperson, who shall serve not more than two consecutive terms.
Said commission shall make an investigation and study of implementation of the voter registration process, shall meet at such time and place as deemed necessary by said committee, and shall prepare a report on the appropriateness of the deadline date for registration. The commission shall file its report with the joint committee on election laws on or before December thirty-first, nineteen hundred and ninety-six.
SECTION 55. The state secretary shall prepare a report on the costs and implementation of the central registry of voters and shall file such report with the joint committee on election laws and the house and senate committees on ways and means on or before the first Wednesday in March, nineteen hundred and ninety-four. Said report by the state secretary shall include a detailed description of the composition, function and uses of the central registry of voters. Said report shall determine the cost benefit of pursuing software and hardware integration with existing computer systems at the registry of motor vehicles and other government agencies. Said report shall present the options, and related costs and benefits, for implementing a central registry of voters. Such options shall include, but not be limited to, a computer system with central data entry and a system with real-time linkage to all registration agencies. In preparing said report, the state secretary shall consult with the department of public health, the executive office for administration and finance, and the Massachusetts Municipal Association, concerning additional uses of said central registry, including assisting in the collection of vital statistics and of comparative information about municipal purchasing and procurement.
SECTION 56. There is hereby established a special commission to consist of fifteen members as follows: the house chairman and the senate chairman of the joint committee on election laws, two members of the senate, two members of the house of representatives, the jury commissioner or his designee, the commissioner of education or his designee, the commissioner of public health or his designee, the attorney general or his designee, the state secretary or his designee, two town clerks approved by the Massachusetts Town Clerk's Association, and two city clerks or election commissioners approved by the Massachusetts City Clerk's Association.
Said commission shall prepare an investigation and study to recommend legislation implementing alternatives to the information provided by the annual listing of residents and shall file such report with the joint committee on election laws on or before the first Wednesday in December, nineteen hundred and ninety-four. Any such legislation shall meet the constitutional and statutory requirements regarding jury selection and guarantee a random selection process under which no person shall be exempted or excluded from serving as a juror because of race, color, religion, sex, sexual orientation, national origin, handicap, economic status or occupation. Such legislation shall ensure that the central registry shall provide the jury commissioner with a list of the inhabitants of the commonwealth compiled from the statewide voter registration list, the registry of motor vehicles list of drivers and
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identification card holders and lists from any other state agency; provided, however, that said agencies only compile lists with the names, addresses and dates of birth; provided, further, that the central registry shall update and maintain the statewide list of residents and provide it to the jury commissioner by June first, nineteen hundred and ninety-seven at such intervals as are agreed to by the state secretary and the jury commissioner; that the state secretary shall not reveal the source of any name in its master lists in lists made available to any entity outside his office; and, provided further, that all state agencies shall assist the state secretary by providing lists of names, addresses and dates of birth. The state secretary shall make available a list of residents to cities and towns on an annual basis by June first, nineteen hundred and ninety-eight.
SECTION 57. The state secretary is hereby designated as the chief state election official for the purposes of 42 USC 1973 gg-9 of the National Voter Registration Act of 1993.
SECTION 58. Sections fifty-four to fifty-seven, inclusive, shall take effect upon the passage of this act. All provisions of this act regarding the availability, distribution, and acceptance of affidavits of voter registration by mail or by hand delivery shall take effect on July first, nineteen hundred and ninety-four. Section two A shall take effect on January first, nineteen hundred and ninety-eight. The remainder of this act shall take effect on January first, nineteen hundred and ninety-five.
Approved January 14, 1994.