Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 52.00 - Voting And Counting Procedures For Paper Ballots › Section 52.03 - During the Voting Hours

Current through Register 1525, July 5, 2024
(1)
Declare Polls Open
. The warden shall declare that the
			 polls are open.
(2)
Who
			 May Vote
. Anyone whose name appears on the voting list shall be
			 eligible to vote. The election officer shall check the supplementary voting
			 list.
(3)
Voter States
			 Name and Address
. The voter must announce his address and name to
			 the election officer in charge of the check-in voting list.
(4)
Look for the Name on the
			 Voting List
. The election officer shall find the name on the list
			 and shall repeat it loudly and clearly. If it is a primary, the election
			 officer shall announce the party as well.
(5)
Name Dropped or Listed
			 Incorrectly
.
(a)
Procedure
. If the name, address, or party enrollment
			 of a person claiming the right to vote does not appear on the voting list or is
			 listed incorrectly, the presiding officer must communicate with the office of
			 the registrars of voters to ascertain whether the person is entitled to vote.
			 If the presiding officer or the registrars determine that the person is
			 entitled to vote, the presiding officer shall complete the proper certificate,
			 attach it to the voting list, and allow the voter to vote. If the presiding
			 officer or the registrars are unable to make this determination, the presiding
			 officer shall direct the person to the registrars' office. If the registrars
			 then determine that the person is entitled to vote, the person may vote there
			 immediately by absentee ballot, or may return with the certificate to vote at
			 the polling place. The registrars or their agents shall orally inform each such
			 person at their office of the opportunity to vote there. If a voter at a
			 primary proves under 950 CMR 52.03 that his or her party enrollment is listed
			 incorrectly, the voter shall be allowed to vote in the correct party's primary.
			 Whenever a person is allowed to vote under 950 CMR 52.03(5) and M.G.L. c. 51,
			 § 59, the registrars shall add the current name, address and previously
			 established party enrollment of that person to the register of voters, without
			 requiring further action by the person.
If the name, address, or party enrollment of a person claiming
				the right to vote appears on the voting list as an inactive voter, the
				presiding officer shall allow such inactive voter to vote upon written
				affirmation by the inactive voter of his current and continuous residence in
				the municipality, (or, at a state primary or state election, residence in the
				municipality within the previous six months,) signed under the penalties of
				perjury. Such written affirmation shall be attached to and be considered part
				of the voting list, returned and preserved therewith, and such inactive voter
				shall be restored to the active voting list at his current residence, without
				requiring further action by the person.
(b)
Standard
. The
			 registrars must determine persons to be entitled to vote under 950 CMR 52.03
			 and M.G.L. c. 51, § 59 whenever such persons have registered to vote in
			 that city or town in the past and affirm in writing, signed under the penalties
			 of perjury, that they have continuously resided in the city or town (or, at a
			 state primary or election, resided in the community within the past six
			 months), unless the registrars affirmatively establish, by evidence other than
			 failure to respond to the street listing under M.G.L. c. 51, § 4, or
			 failure to respond to a notice under M.G.L. c. 51, § 37, that the person
			 has not in fact continuously resided in that city or town, (or, at a state
			 primary or election, resided in the city or town within the past six months).
			 The written affirmation shall be on a form which must be available at the
			 polling place stating: "I am currently a legal resident of (city or town), and
			 have continuously been a legal resident here since (last date of ascertained
			 registration). Signed under the penalties of perjury." For the purpose of
			 ascertaining past registration, the registrars must check all available records
			 for at least the previous three years.
If the inactive voter has moved within the city or town, the
				voter will write the address at which he or she last registered to vote, as
				well as his or her current address. The inactive voter will vote at the polling
				place which corresponds to his or her address as it appears on the inactive
				voting list. After the election, if the voter has moved within the city or
				town, the voter shall be restored to the active voting list at his or her
				current address, without requiring further action by the person.
All inactive voters shall be asked to show suitable
				identification showing their name and current address. Inactive voters who fail
				to show suitable identification must be allowed to vote. However, an election
				officer shall, and any other person may, challenge their right to vote under
				M.G.L. c. 54, § 85 and 950 CMR 52.03(23). For the purpose of 950 CMR
				52.03(5)(b) suitable identification shall be defined in 950 CMR
				52.03(5B).
(c)
Communications
. To carry out the communications
			 required by 950 CMR 52.03 and M.G.L. c. 51, § 59, a properly functioning
			 telephone or other equivalent communications, and a sufficient supply of blank
			 certificate forms, must be immediately available to the presiding officer at
			 every polling place. At the registrars' office, at least one properly
			 functioning telephone line for every 10,000 registered voters or fraction
			 thereof in the city or town (including lines entering a main city or town
			 switchboard and connecting to the required number of lines in the registrars'
			 office), or other equivalent communications, and sufficient personnel available
			 to staff them continuously, must be available for incoming calls throughout the
			 time when polls are open.