reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 63 - Calling City and Town Elections; Notice

Section 63. Elections of state officers and city officers shall be called by the aldermen, and the city clerk shall, under their direction, cause notice of such elections to be conspicuously posted in the office of the city clerk or on the principal official bulletin board of such city and any other public building they deem necessary. Before every city election, the clerk shall make available a list of all candidates. He shall also print with said list the form of any question to be submitted to the voters. Such lists shall be public records and one copy shall be sent to every newspaper in said city listed in the Directory of New England Newspapers and Periodicals, to be used at the discretion of said newspapers. Such notices shall be in lieu of the notices or warrants for election required in any city by special statutes. Elections of state officers and town officers shall be called in towns as provided in section ten of chapter thirty-nine. The biennial state and the annual or biennial city and town elections shall be called at least seven days before the day prescribed for the holding thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 64 - Notices or Warrants; Requisites; Time of Opening and Closing Polls

Section 64. Notices or warrants for state and city elections and for the election of town officers in towns where official ballots are used shall specify by name all the offices to be voted for, and state, in the form in which it will appear upon the ballot, any question submitted to the voters. They shall specify the time when the polls will be opened, and in cities and in towns when voting by precincts, when the polls will be closed, and in towns when not voting by precincts, when they may be closed.
The polls shall in no case be kept open after eight o'clock in the evening. At state elections the polls shall not be closed before eight o'clock in the evening.
In cities and towns at the election of state officers, the polls may be open as early as fifteen minutes before six o'clock in the forenoon, and shall be open not later than seven o'clock in the forenoon and shall be kept open at least thirteen hours. In cities at the election of city officers, the polls may be open as early as fifteen minutes before six o'clock in the forenoon, and shall be open not later than ten o'clock in the forenoon and shall be kept open at least ten hours.
In towns, at the election of town officers, the polls may be opened as early as fifteen minutes before six o'clock in the forenoon, and shall be opened as early as twelve o'clock, noon, and shall be kept open at least four hours, and until the time specified in the warrant when they may or will be closed; and in towns not voting by precincts they may be kept open for such longer time as the meeting shall direct. The selectmen in any town may provide that the hours during which the polls shall be open for the purpose of voting on a question to be submitted to the voters of said town shall be the same as the hours designated by said selectmen for the election of town officers. After an announcement has been made by the presiding officer of a time so fixed for closing the polls they shall not be closed at an earlier hour.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 66 - State Ballot Boxes; Use and Custody

Section 66. The state ballot boxes shall be used for receiving the ballots in state and city elections, and in town elections where official ballots are used. The election officers at each polling place shall, at the opening of the polls and before any ballots are received, publicly open the ballot box, and ascertain by personal examination, and publicly show, that the same is empty, and shall immediately thereafter lock or fasten the box. The clerk of the precinct, polling place or town shall make a record of the condition of the ballot box register and, if a key is used, it shall be retained by the police officer or constable at the polling place. The ballot box shall not, after it is shown to be empty, be removed from public view until all ballots have been removed therefrom and the box has been relocked or sealed. The ballot box shall not be opened nor any ballot removed therefrom until the polls are closed; but in order to make room for ballots, the presiding officer may, in the presence of all the election officers, open the box and pack and press down the ballots therein.
The presiding officer of each polling place shall have charge of the ballot box and ballot box seal, and shall, at the close of each election, return the same, either personally or by a police officer or constable in attendance at the polling place, to the city or town clerk.
Except as hereinafter provided, if it becomes impossible to use the state ballot box, the voting shall proceed in such manner as the presiding officer shall direct, and in such case the clerk shall record the reason why such ballot box is not used, and shall enclose an attested copy of such record in the envelope with the ballots cast. The provisions as to the use and custody of the state ballot box shall, so far as applicable, apply to the ballot box substituted therefor.
If it becomes impossible for voting to proceed because the ballot box is too full, the presiding officer, in the presence of a majority of the other election officers, shall open the ballot box, remove the ballots therefrom, without counting them, except that they may be divided into convenient packages, and shall place them in a container of fiber, wood, or metal. He shall then cause the container to be tied up lengthwise and crosswise with heavy twine securely tied, and the knot shall be sealed with stationer's sealing wax. Any election officer who so desires may affix his private seal to the container in such a way as to indicate later whether it has been opened. The container, with the uncounted ballots, shall not be removed from the polling place, but shall remain beside the ballot box, in full view of the voters and the election officers, until the polls close, when the container shall be opened in order to count the votes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 67 - Voting Lists; Delivery and Use; Voting by Persons Not on List

Section 67. One voting list shall be delivered to the ballot clerks and another may be delivered to the officer in charge of the ballot box; provided, however, that the city or town clerk may opt to use only 1 voting list at the check in. When a ballot is delivered to a voter, the voter's name shall be checked on the voting list and, except where the city or town clerk has opted to not use a check-out list, it shall be checked on the second voting list when the voter deposits the ballot. Where a check-out list is used, the officer in charge of the ballot box and the officer in charge of the voting list shall either: (i) be of different political parties; or (ii) not be of the same political party if the election officers have been appointed pursuant to section 14 without regard to political party membership. No person shall vote if the person's name is not on the voting list, nor until the local election officer shall check the person's name thereon, unless the person presents a certificate from the registrars of the city or town as provided by section 51 or section 59 of chapter 51 or unless the person is voting by provisional ballot under section 76C. A city or town may vote to use electronic poll books rather than paper voting lists in accordance with section 33I.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 67a - Additional State Ballot Boxes; Use in Towns

Section 67A. If the selectmen so vote, more than one state ballot box may be used at any polling place in any town at state elections and at town elections if official ballots are used therein. If more than one ballot box is to be used at any polling place as aforesaid, the voting lists for use thereat shall each be divided by the selectmen into as many sections as there are ballot boxes. Upon written request of the selectmen of a town for one or more additional ballot boxes for use as herein provided, the state secretary shall provide the same at the expense of such town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 68 - Statements Made Before Public Declaration of Vote; Penalties

Section 68. No election officer shall, before the public declaration of the vote, make any statement of the number of ballots cast, the number of votes given for any person, the name of any person who has voted or whose name has not been checked, or of any other fact tending to show the state of the polls, except as expressly permitted by section one hundred and five and except that he shall when requested make a statement of the figures on the ballot box register, which statement shall not be considered an official declaration as to the state of the polls or of the number of ballots cast.
Any election officer who violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 69 - Persons Permitted Within Guard Rail

Section 69. No persons except the election officers, supervisors, custodians of voting machines when acting in the course of their duties, the city or town clerks, and voters admitted for the purpose of voting, shall, during the progress of an election and until the public declaration of the vote, be permitted within the guard rail, unless authorized by the election officers for the purpose of keeping order and enforcing the law. Children, in the company of a voter, may be admitted within the guardrail unless the election officer in charge deems that the admittance of such child would disrupt the maintenance of order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 70 - Number of Voters Permitted Within Guard Rail; Voters in Line at Closing Time

Section 70. No more than four voters, besides election officers and supervisors, custodians of voting machines when acting in the course of their duties, and the city or town clerk, in excess of the number of marking compartments provided, shall be allowed at one time within the guard rail. Where voting machines are used, the number of voters allowed within the guard rail shall not be more than twice the number of voting machines provided. After the time fixed for closing the polls, no voters shall be admitted within the guard rail, except the election officers and supervisors, and except voters who are then in the polling place or in line at the door thereof. The presiding officer of the polling place shall provide or cause to be provided to each voter so outside the guard rail a card or slip bearing such voter's name, and the voter shall as soon as practicable present the same to one of the ballot clerks and shall then be permitted to vote if otherwise qualified. When the polls are closed, the presiding officer shall cause a police officer or other qualified person to be stationed at the end of the line of persons waiting to vote to see that no other persons vote than those who were in the polling place or in line at the door at the time fixed for closing the polls. After the last voter in line at the door has entered within the guard rail, the voters shall be allowed five minutes in which to cast their votes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 71 - Presiding Officers; Powers and Duties

Section 71. The presiding officer at each polling place shall enforce the performance by election officers of their duties. During an election and the counting of the ballots after the close of the polls, he shall have authority to maintain order and to enforce obedience to his lawful commands, in and about the polling place and to keep the access thereto open and unobstructed, and he may require any police officer, constable or other person to communicate his orders and directions and assist in their enforcement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 72 - Preservation of Order by Police

Section 72. The select board, board of selectmen, town council or city council of each city and town, in consultation with its election officers and registrars, shall detail a sufficient number of police officers or constables for each building that contains the polling place for 1 or more precincts at every election therein to preserve order and to protect the election officers and supervisors from any interference with their duties and to aid in enforcing the laws relating to elections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 73 - Smoking or Intoxicating Liquors in Polling Places Prohibited; Penalties

Section 73. Any person who, during an election or town meeting, shall, in a polling place or place of such meeting, smoke or have in his possession a lighted pipe, cigar or cigarette, or carry into any such place or keep therein any intoxicating liquor, shall be deemed guilty of disorderly conduct; and the presiding officer shall order him to remove such pipe, cigar, cigarette or liquor, or to withdraw from such place, and for disobedience of such order shall cause him to be removed from such polling place or meeting.
Whoever, when so ordered by the presiding officer of an election, caucus, primary or town meeting, refuses or fails to remove any pipe, cigar, cigarette or liquor, or to withdraw from the polling place, as provided by this section, shall be punished by a fine of not more than twenty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 74 - Detention of Offenders; Effect on Right to Vote

Section 74. If a person at an election refuses to obey the lawful commands of the presiding officer or, by disorderly conduct interrupts or disturbs the proceedings of an election officer, the presiding officer may require any police officer, constable or other person to take him into custody and detain him until after the election; but the presiding officer may at any time order his release. Such order of detention shall not be so enforced as to prevent such person, if a voter at that polling place, from voting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 75 - Report of Violations; Prosecutions

Section 75. Every election officer shall forthwith report every violation of any provision of sections sixty-five to eighty-five and one hundred and four to one hundred and thirty-seven, both inclusive, to the police officer or constable in attendance at the polling place, and such police officer or constable shall cause the offender to be prosecuted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 76 - Voting; Giving Name and Address Upon Request; Delivery of Ballot

Section 76. Each voter desiring to vote at a polling place shall give his name and, if requested, his residence to one of the officers at the entrance to the space within the guard rail, who shall thereupon distinctly announce the same. If such name is found on the voting list, the election officer shall check and repeat the name and shall admit the voter to the space enclosed by the guard rail and, in case official ballots, other than those marked ''Challenged Ballots'' as provided by section thirty-five A, are used, such voter shall be given one ballot. The use of electronic means such as tape recording equipment or radio broadcasting equipment for the recording or broadcasting of the names of voters not yet checked as having voted shall be prohibited.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 76b - Failure to Present Voter Identification; Right to Challenge Vote

Section 76B. (a) Except as provided in subsection (b), a person desiring to vote, who fails to present suitable written identification when so requested by an election officer, shall be permitted to vote, but that person's right to vote may be challenged under section 85.
(b)(1) Subject to paragraph (3), a person asserting a right to vote in an election for federal office shall present identification under paragraph (2) if:
(a) the person registered to vote in the city or town by mail after January 1, 2003; and
(b) the person has not previously voted in an election for federal office in the commonwealth.
(2)(A) A person meets the requirements of this paragraph if the person:
(a) in the case of a person who votes in person:
(i) presents to the appropriate election officer a current and valid photo identification; or
(ii) presents to the appropriate election officer a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or
(b) in the case of a person who votes by absentee ballot, submits with the ballot:
(i) a copy of a current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
(B)(i) A person who desires to vote in person but does not satisfy clause (a) of subparagraph (A) may cast a provisional ballot under section 76C.
(ii) A person who desires to vote by absentee ballot but who does not meet the requirements of subclause (ii) of said clause (a) of said subparagraph (A) may return the absentee ballot by mail, and the ballot shall be treated as a provisional ballot under section 76C.
(3) Paragraph (1) shall not apply to a person:
(a) who registers to vote by mail and submits as part of that registration either:
(i) a copy of a current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter;
(b) who registers to vote by mail and submits with that registration either:
(i) a driver's license number;
(ii) at least the last 4 digits of the individual's social security number; and
(iii) with respect to whom the city or town clerk matches the information submitted under clause (i) with an existing state identification record bearing the same number, name and date of birth as provided in that registration; or
(c) who:
(i) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sections 1973ff–1 et seq.;
(ii) is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. section 1973ee–1(b)(2); or
(iii) is otherwise entitled by federal law to vote otherwise than in person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 77 - Marking Ballots

Section 77. The voter on receiving his ballot shall, without leaving the enclosed space, retire alone to one of the marking compartments and shall, except in the case of voting for presidential electors or groups of candidates for governor and lieutenant governor, and except as provided in section thirty-three E, prepare his ballot by marking a cross (X) in the square at the right of the name of each candidate for whom he intends to vote or by inserting the name and residence of such candidate in the space provided therefor; and, upon a question submitted to the vote of the people, by making a cross in the square at the right of the answer which he intends to give.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 78 - Voting for Presidential Electors, Governor, and Lieutenant Governor; Marking Ballots

Section 78. In order to vote for presidential electors, the voter shall make a cross (X) in the square at the right of the party or political designation appearing on the ballot at the right of the surnames of the candidates for president and vice president, to vote for whom such candidates for electors are nominated; and the making of a cross as aforesaid shall be deemed and taken as a vote for such candidates for presidential electors, except as provided in section thirty-three E. A vote by sticker or write-in in the blank space at the end of the list of names of presidential and vice presidential candidates may be cast for those candidates whose names are contained in lists filed with the state secretary under the provisions of section seventy-eight A and shall be deemed to be a vote for each of the candidates for presidential elector whose names are contained in the appropriate list so filed; provided, however, that in such case the voter shall list only the surnames of the candidates for president and vice president. In order to vote for governor and lieutenant governor, the voter shall mark a cross (X) in the square at the right of the names of the group of candidates for said offices for whom he desires to vote, or by inserting the name and residence of any person for either office in the blank space provided therefor; provided, however, that no such inserted name may be that of a candidate whose name is printed upon the ballot as a candidate for the office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 78a - List of Candidates for Electors Pledged to Presidential Candidates Other Than Those on Official Ballot; Written Acceptances; Filing; Certification; Form of Write-in or Sticker Vote

Section 78A. In any year in which presidential electors are to be elected, not later than the sixtieth day prior to the date of the election, there may be filed with the secretary of the commonwealth, in a form to be prescribed by him, a list of names and addresses of candidates for such electors, containing the names and addresses of a candidate for president and for vice president to whom such electors shall be pledged in writing. Said list shall contain the written acceptance of each candidate for presidential elector, who shall be a voter of the commonwealth, and the written acceptance of the presidential and vice presidential candidates, who shall be candidates other than those whose names are to be printed upon the official ballot. Said secretary shall certify to all city and town clerks and election commissioners the names of the candidates designated by any such list for the offices of president and vice president and the form of write-in or sticker vote for such candidate which will be deemed acceptable under the provisions of section seventy-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 79 - Assistance in Marking Ballots

Section 79. A voter who states to the presiding officer that from blindness or other physical disability or inability to read or to read in the English language he is unable to prepare his ballot or register his vote upon a voting machine shall be assisted in such marking or registering by any person whom he may designate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 80 - Prohibited Markings; Use of Red Pencils or Red Ink by Election Officers

Section 80. Except as authorized by this chapter, no voter, election officer or other person shall place on a ballot any mark by which it may be identified; nor shall any person place a mark against any name upon a ballot not cast by himself; nor shall any election officer engaged in counting ballots, except the election officer or officers actually entering the count of ballots cast on tally sheets, hold in either hand during the counting of ballots a pen, pencil or other marking device. Election officers shall use only red pencils or red ink in recording or tabulating the vote in election precincts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 82 - Folding Ballots; Time for Marking Ballots

Section 82. Before leaving the marking compartment the voter shall fold his ballot, without displaying the marks thereon, as it was folded when received by him, and shall keep it so folded until he has voted. A voter shall mark and deposit his ballot without undue delay, shall leave the space enclosed by the guard rail as soon as he has voted, and shall not remain within the guard rail more than ten minutes. No voter shall occupy a voting compartment more than five minutes, if all the marking compartments are in use and other voters are waiting to occupy the same, nor shall he occupy a marking compartment occupied by another, except as provided in section seventy-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 83 - Deposit of Ballots, Voting List Check, Endorsement

Section 83. In a precinct at which a check-out table is used, a voter, after marking the voter's ballot, shall give the voter's name, and, if requested, residence, to an officer in charge of the ballot box, who shall distinctly announce the voter's name and, if requested, residence. If the name is found on the voting list by the local election officer, the local election officer shall distinctly repeat the name and check it on the voting list. The voter may then deposit the ballot in the ballot box. No ballot without the official endorsement, except as provided in section 61, shall be deposited in the ballot box. A city or town clerk may opt to eliminate the use of a voting list at the check-out table but shall maintain an officer in charge of the ballot box.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 84 - Removal of Ballots Before Close of Polls

Section 84. No person shall remove any ballot from the space enclosed by the guard rail before the polls are closed. No voter whose name has been checked on the voting list in charge of the ballot clerk, other than an election officer or supervisor, shall again enter such enclosed space during the election.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 85 - Challenge of Person's Right to Vote, Procedures

Section 85. If in any state, city or town election at which official ballots are used the right of a person offering to vote is challenged for any legal cause, the presiding officer shall administer to him the following oath:
You do solemnly swear (or affirm) that you are the identical person whom you represent yourself to be, that you are registered in this precinct (or town) and that you have not voted at this election.
He shall also be required to write his name and residence on the outside of the ballot offered, and the presiding officer shall add thereto the name of the person challenging, and the cause assigned therefor, whereupon such ballot shall be received; and no person shall make any statement or give any information in regard thereto, except as required by law. The clerk shall record the name and residence of every person who has been challenged and has voted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 85a - Challengers

Section 85A. The state committee of a political party may appoint a person to act as a challenger of voters at any polling place in the commonwealth at a state election, and a city or town committee of such a party, in a city or town in which municipal officers are nominated by primaries or by caucuses of political parties, may appoint a person to act as such challenger at any polling place in such city or town at a municipal election. Such challenger may challenge any voter during the hours that said polling place is open for the purpose of voting; and a statement signed by the chairman of the committee appointing him shall be sufficient evidence of his right so to act. He may be compensated for his services by the political party whose committee appointed him. He shall be assigned by the election officer presiding at the polling place to such position within the polling place as will enable him to see and hear each voter as he offers to vote. Nothing herein contained shall deprive any other person of the right to challenge a voter as provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 86 - Absent or Physically Disabled Voters

Section 86. Any voter who during the hours that polling places are open on the day of a special state election or the biennial state election or of any special or regular state primary or of a presidential primary is absent from the city or town where he is a voter by reason of being a specially qualified voter as defined in section one of chapter fifty, or his employment in another community, attendance at any institution of higher education or for any other reason or who will be unable to by reason of physical disability to cast his vote in person at the polling place or who for reasons of religious belief will be unable to cast his vote in person on the day of an election and whose application for an official absent voting ballot has been filed with the city or town clerk as provided in section eighty-nine, and certified under section ninety-one, may vote in accordance with sections eighty-seven to one hundred and three, inclusive. A voter who will be unable by reason of permanent physical disability to cast his vote in person at the polling place may file once with the city or town clerk a certificate executed by a registered physician who is personally acquainted with the voter and aware of his permanent physical disability, stating that it is reasonably certain because of permanent physical disability that the voter will be unable to cast his vote in person at the polling place on the day of the election. The city or town clerk shall maintain a list of such permanently disabled voters and such voters shall not be required to file any such certification thereafter with their applications for an absent voting ballot. Not later than twenty-eight days before every primary, preliminary election or election, the city or town clerk shall send to each voter whose name appears on the permanently disabled voters' list an application for an absent voting ballot, which application said clerk shall complete so far as possible except for the voter's signature.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 87 - Preparation of Absent Voting Ballots, Envelopes, Instructions

Section 87. Prior to each biennial state election the state secretary shall prepare in such quantities as he may deem necessary the following papers:
(a) Official absent voting ballots, similar in all respects to the official ballot to be used at such election, except that they shall be printed on paper differing in color from that used for official or specimen ballots.
[There is no subsection (b).]
(c) Envelopes of sufficient size to contain the ballots specified in subsection (a) bearing on their reverse the voter's affidavit of compliance with the requirements of section ninety-two.
(d) Envelopes of size sufficient to contain the envelope identified in subsection (c), addressed to the clerks of the several cities and towns within the commonwealth, upon which shall be printed blank spaces for the name, address and voting place of the sender, which shall be filled in by the city or town clerk prior to the mailing of such envelopes.
The state secretary shall furnish such explanatory matter and instructions as he may deem appropriate to carry into effect the purposes of sections eighty-six to one hundred and three, inclusive.
To the extent feasible, the state secretary shall include on the envelopes required pursuant to this subsection a system that generates a postmark for determining the date upon which the envelope was mailed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 89 - Applications; Seasonably Filed; Spoiled Ballots; Application by Family Member

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 for an absent voting ballot to be sent by mail shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars before 5 p.m. on or before the fifth business day preceding the election for which the ballot is being requested. No application for an absent voting ballot to be voted in person shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or 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 5 P.M. 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 seventh day before the relevant election, as provided in subsection (c) of section 91B, 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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 91 - Applications; Filing and Certification; Notation on Voting Lists; Posting

Section 91. When an application for an official absent voting ballot is received by the clerk of a city or town, it shall be transmitted by him to the registrars, who shall examine it and, if they believe the signature thereon to be genuine and the person executing the signature to be a duly registered voter or a family member of a duly registered voter, shall execute the certificate thereon and return the application to said clerk. Notwithstanding the provisions of the first sentence, if an application for an official absent voting ballot is received by the registrar, assistant registrar, or clerk of a city or town, from the voter who will be absent from said city or town on the date of the election and who requests to make application for an absent voting ballot and to vote in the presence of the registrar, assistant registrar, or clerk during the same visit, said registrar, assistant registrar, or clerk shall examine said application, and if he believes the signature thereon to be genuine and the person executing the signature to be a duly registered voter, shall execute the certification thereon and remain present while the voter marks the ballot as set forth in paragraph two of section ninety-two. The clerk shall cause to be placed on the voting lists prepared as required by section sixty of chapter fifty-one, opposite the name of each voter on whose application such certificate has been so executed, the letters in capitals A. V. If the registrars find the person signing the application not to be a duly registered voter, they shall send him written notice to that effect and shall preserve the application during the time fixed by law for the preservation of ballots cast in the coming election, after which time said application shall be destroyed. The clerk shall prepare lists, arranged by voting precincts, of the names and addresses of all voters on whose applications for absent voting ballots the certificate has been executed as provided in this section, and shall post copies of such lists for public inspection. An applicant for an absent voting ballot who has been furnished a certificate of supplementary registration, as authorized by section fifty-one of chapter fifty-one, shall submit such certificate with his application, and the clerk shall cause to be placed on such certificate opposite the name of the applicant the letters in capitals A. V. Every such certificate shall be securely affixed to the voting lists required by section sixty of chapter fifty-one to be transmitted to the polling place for the precinct where such applicant claims the right to vote and shall be considered a part thereof.
Sections fifty-nine and fifty-nine A of chapter fifty-one shall apply to applications for absent voting ballots, but the certificate mentioned in section fifty-nine shall be issued by the city or town clerk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 91a - Applications of Specially Qualified Voters

Section 91A. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 91b - Delivery of Ballots

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 and with return postage guaranteed 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 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 on or after the seventh 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 92 - Method of Voting

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 87; via a secured municipal drop box, where provided; 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.
(d) The absent voting ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote by reason of death after casting the ballot. For purposes of this subsection, the term ''cast'' shall mean that the voter has: (i) deposited the absent voting ballot in the mail for ballots mailed; (ii) returned the absent voting ballot to the appropriate local election official either by hand or by depositing it in a secured municipal drop box, where available, for the city or town where the voter is registered; or (iii) returned the absent voting ballot electronically pursuant to section 91C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 93 - Time for Mailing or Delivering Ballots

Section 93. All absent voting ballots submitted by mail, delivered in person to the office of the city or town clerk, returned to a secured municipal drop box for the city or town where the voter is registered or returned electronically pursuant to section 91C shall be received by the city or town clerk before the hour fixed for closing the polls on the day of a primary or election; provided, however, that an absent voting ballot mailed on or before the day of a biennial state election shall be accepted until 5 p.m. on the third day after the election and shall be processed in accordance with section 95. A postmark, if legible, shall be evidence of the time of mailing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 96 - Challenges

Section 96. All ballots transmitted under any provision of sections eighty-six to one hundred and three, inclusive, shall be subject to challenge when and as cast for non-compliance with any provision of sections eighty-six to one hundred and three, inclusive, or for any other reason allowed by law, including that the voter was not unable by reason of physical disability to cast his vote in person at the polling place on the day of the election, and if challenged shall be disposed of in accordance with section eighty-five, except that so much of said section as involves the administering of an oath shall not apply thereto, and the writing of the name and address of the voter on the ballot shall be performed by the officer charged with depositing the ballot in the ballot box.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 98 - Absent Voter Unable to Mark Ballot

Section 98. An absent voter who because of blindness or other physical disability or inability to read or read in the English language is unable to prepare his ballot may at his discretion be assisted in marking it by any person whom he may designate. Such designated person shall add in writing a statement that the voter is unable to write, the reason therefor, and shall sign the voter's name on the inner envelope.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VIII - Elections › Chapter 54 - Elections › Section 99 - Late Ballots; Disposition

Section 99. All envelopes received by clerks of cities and towns after the hour fixed for closing of the polls on the day of election shall be retained by them unopened until the time set by law for the destruction of ballots cast, at which time the envelopes shall likewise be destroyed, unopened and unexamined; provided, however, that such envelopes received within ten days following a state or city final election and mailed on or before the day of election, from a location outside the United States, shall be processed in accordance with the second paragraph of section ninety-five. A postmark, if legible, shall be evidence of the time of mailing.