**MASSACHUSETTS**

950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH

950 CMR 56.00: ADMINISTRATIVE PROCEEDINGS CONCERNING PRACTICES OF LOCAL
ELECTION OFFICIALS

Section

56.01:   General Provisions

56.02:   Complaint

56.03:   Investigation; Consultation; Report

56.04:   Decision

56.05:   Enforcement

[56.01:   General Provisions]{.underline}

> (1)   [Purpose]{.underline}. 950 CMR 56.00 provides procedures for the
> Secretary to decide whether a pattern of conduct or a standard,
> practice or procedure of a local official is contrary to the election
> laws, under M.G.L. c. 56, \' 60 and further provides an administrative
> complaint procedure in accordance with the requirements of Section 402
> the Help America Vote Act of 2002. These provisions shall be construed
> to promote the fundamental right to vote and the uniform application
> of the election laws throughout the Commonwealth.
>
> (2)   [Definitions]{.underline}. As used in 950 CMR 56.00:
>
> [Election Laws]{.underline} (as used in 950 CMR 56.00) and
> [General]{.underline} or [Special Law]{.underline} concerning
> administration of elections\" (as used in M.G.L. c. 56, \' 60) include
> any provision of M.G.L. chs. 50 through 54, or of any other general or
> special law, including the provisions of the Help America Vote Act of
> 2002, 42 USC 15301, constitutional provision, or home rule charter
> concerning administration of elections, or of any regulation adopted
> under authority of any of the preceding provisions, or of any judicial
> or administrative decision interpreting any of the preceding
> provisions.
>
> [HAVA]{.underline} means the relevant provisions of the Help America
> Vote Act of 2002, 42 USC 15301, *et seq*.
>
> [Local Official]{.underline} includes one or more of a city or town
> clerk, election commission, board of registrars of voters, or any
> other municipal or district officer upon whom a duty is imposed by the
> election laws.
>
> [Secretary]{.underline} means the state secretary, or the state
> secretary\'s chief legal counsel or another attorney designated to act
> on the state secretary\'s behalf.
>
> [Urgent Circumstances]{.underline} shall be determined by the
> Secretary and include, but are not limited to, the time period on or
> near the day of a primary, caucus, or election, or of a deadline for
> voter registration or for filing or submitting any relevant document
> under the election laws.
>
> (3)   [Amendment]{.underline}. 950 CMR 56.00 may be amended at any
> time in the manner provided by law. Any interested person may petition
> the Secretary requesting the adoption, amendment, or repeal of any
> regulation, under M.G.L. c. 30A, \' 4. This petition shall be
> considered by the Secretary within 30 days after filing.

[56.02:   Complaint]{.underline}

> Any person may complain to the Secretary that a pattern of conduct, or
> a standard, practice or procedure, of a local election official is
> contrary to the election laws. Additionally, a person may complain to
> the Secretary, in accordance with the provisions of Section 402 of
> HAVA, that Title III has been violated, is being violated or is about
> to be violated.
>
> (1)   Complaints need not use the language or refer to the relevant
> provision of the election laws, nor M.G.L. c. 56, \' 60, nor 950 CMR
> 56.00. The complaint shall be in writing, except in urgent
> circumstances. The Secretary=s office may initiate a complaint.

56.02:   continued

> (2)   Complaints filed in accordance with Section 402 of HAVA, must be
> in writing and notarized.
>
> (3)   Any complaints must be made to: Elections Division

Office of the Secretary of the Commonwealth

One Ashburton Place, Room 1705

Boston, MA 02108

[56.03:   Investigation; Consultation; Report]{.underline}

> (1)   The Secretary shall assign any complaint to an investigator, who
> shall be an employee of the Secretary=s Elections Division.
>
> (2)   The investigator shall investigate the complaint=s allegations
> under the supervision of the Secretary or his designee and with the
> assistance of other employees of the Secretary=s Elections Division.
>
> (3)   The investigator shall consult with the local election official
> complained of, by informing the local election official of the
> substance of the complaint and requesting a response.
>
> (4)   The investigator, after review by the Secretary or his designee,
> may decide that the complaint is without basis, is outside the
> Secretary=s jurisdiction, or fails to state a claim upon which relief
> can be granted, and shall so inform the local election official and
> the complainant in writing.
>
> (5)   The investigator shall then prepare a report, including the
> results of this consultation, and shall present this report to the
> Secretary.
>
> (6)   The report may recommend an informal resolution or the text of
> an order. Except in urgent circumstances, the report shall be in
> writing and shall be sent to the local official and to the
> complainant, who may file their written comments on it with the
> Secretary within ten days after the report was sent.

[56.04:   Decision]{.underline}

> (1)   After reviewing the report and any written comments, the
> Secretary may render a decision which may incorporate the report in
> whole or in part. The Secretary may hold an informal conference before
> rendering a decision.
>
> (2)   Before a decision is rendered, hearings may be held. The parties
> shall include the local official, the Secretary=s investigator, and
> any complainant who wishes to participate.
>
> (a)   After reviewing the report and any written comments, and before
> rendering a decision, the Secretary may initiate an adjudicatory
> proceeding by issuing an order to show cause to the local election
> official under 801 CMR 1.01(6)(d).
>
> 1.   The decision whether or not to hold an adjudicatory hearing shall
> be in the Secretary=s unreviewable discretion.
>
> 2.   An adjudicatory hearing shall be before the Secretary and shall
> be governed by 801 CMR 1.01, except as the Secretary may modify these
> rules because of time restraints.
>
> (b)   For complaints filed in accordance with Section 402 of HAVA, the
> complainant may request a hearing on the record.
>
> 1.   Decisions on complaints filed in accordance with Section 402 of
> HAVA shall be made within 90 days from the date the complaint is
> filed, unless the complainant consents to a longer period for making
> such decision.
>
> 2.   If a decision is not made within 90 days as set forth above, the
> matter shall be referred to the Massachusetts Office on Dispute
> Resolution for further proceedings.
>
> (c)   After any hearing, the Secretary shall render a decision.

56.04:   continued

> (3)   The Secretary\'s decision shall be in writing, shall state the
> reasons for the decision, and may include an order to the local
> official to comply with the relevant provisions of the election laws.
> It shall be mailed to the local official and to the complainant. In
> urgent circumstances, it shall also be delivered by hand to the local
> official or communicated by telephone to the local official.
>
> (4)   Before issuing any order to comply with law, the Secretary shall
> notify the Attorney General or an assistant attorney general
> designated by the Attorney General for this purpose.
>
> (5)   The Secretary\'s order may require that the local official sign
> an affidavit giving assurances that the local official will obey the
> order.

[56.05:   Enforcement]{.underline}

> The Secretary may notify the Attorney General of any local official\'s
> failure to obey an order. The Attorney General may enforce the order
> by civil action.

REGULATORY AUTHORITY

950 CMR 56.00:   M.G.L. c. 56, \' 60.