reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.09 - Audit Reports

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 the results of the audit, the Secretary shall make information in the audit
			 reports publicly available on a precinct-by-precinct basis as soon as
			 practicable, but not later than ten days after receipt of the audit report
			 form, in both human and machine readable formats, such as a spreadsheet or
			 comma-separated-value file.
This information shall also be posted on the electronic website
				of the Secretary.
(2) The
			 Secretary shall publish the results of the audit in the report required by
			 M.G.L. c. 54, § 133 or in some other document in which the results of the
			 audit may easily be compared with the number of votes originally reported for
			 each candidate for election for which an audit was conducted in accordance with
			 law.
(3) The audit and publication
			 of the results shall be completed prior to the time the Commonwealth shall make
			 a final determination concerning the appointment of its presidential
			 electors.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.01 - General Provisions

Current through Register 1525, July 5, 2024
(1) The terms in
			 950 CMR 47.00 shall have the meanings provided in M.G.L. c. 50, § 1. In
			 addition:
Application
. 950 CMR 47.00 applies to
				all state elections, except to the extent provided otherwise.
Centralized Tabulation Facility
. A
				location designated by the local election official at least 21 days before
				Election Day for the tabulation of early voting ballots received before
				Election Day.
Local Election Official
. A city or
				town clerk, members of the boards of registrars or election
				commissioners.
Secretary
. Secretary of the
				Commonwealth.
(2) 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.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.02 - Methods of Early Voting

Current through Register 1525, July 5, 2024
Qualified voters may vote early in person at a designated early
				voting location or by mail. A voter may only vote early by mail or at an early
				voting location for the city or town in which he or she is registered to
				vote.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.03 - Timing of Early Voting

Current through Register 1525, July 5, 2024
(1) The voting
			 period for early voting shall run from the 11th
			 business day preceding the general election until the close of business on the
			 business day preceding the business day before the election; provided, however,
			 that if the 11th business day before the election
			 falls on a legal holiday the early voting period shall begin on the first
			 business day prior to the legal holiday.
(2) Early voting shall be conducted during
			 the usual business hours of each local election official. A city or town may,
			 in its discretion, provide for additional early voting hours beyond the hours
			 required by 950 CMR 47.03, including weekend hours.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.04 - Designation of Early Voting Locations

Current through Register 1525, July 5, 2024
(1) Each
			 city and town shall establish one or more early voting sites that shall include
			 the election office for the city or town or other suitable location within the
			 building in which the election office is located; provided however, that if the
			 city or town determines that the office is unavailable within the building or
			 unsuitable for early voting, the local election officials of each city or town
			 shall identify and provide for an alternative, centrally-located, suitable and
			 convenient public building within each city or town as an early voting
			 site.
(2) The designation of an
			 early voting site shall be made not less than 14 days prior to the beginning of
			 the early voting period.
(a) Not less than
			 seven days prior to the beginning of the early voting period and at least once
			 during the early voting period, the local election officials shall publish the
			 location of the early voting sites as well as the applicable dates and
			 hours.
(b) Notice shall be
			 published in every newspaper listed for the city or town in the New England
			 Newspaper & Press Association and shall be conspicuously posted in the
			 office of the local election official or on the principal bulletin board of
			 each city or town, on any other public building considered necessary, on the
			 city or town's website, if any, and on the website of the Secretary.
(c) Local election officials must provide the
			 Secretary with the designated early voting locations, including addresses and
			 hours, within two business days of designation.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.05 - Staffing of Early Voting Locations

Current through Register 1525, July 5, 2024
Local election officials shall designate sufficient staffing
				for the orderly administration of early voting for each early voting site. The
				requirements of M.G.L. c. 54, §§11 and 12 shall not apply to early
				voting locations.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.06 - Preparation of Early Voting Materials

Current through Register 1525, July 5, 2024
(1) At
			 least 21 days prior to each biennial state election, the Secretary shall
			 deliver to each city or town, in quantities as the Secretary determines
			 necessary, the following papers:
(a) official
			 early voting ballots, similar to the official ballot to be used at the
			 election; and
(b) envelopes of
			 sufficient size to contain the early voting ballots bearing on their reverse
			 the voter's affidavit in compliance with the requirements of M.G.L. c. 54,
			 § 25B(j), hereinafter referred to as the "affidavit envelope."
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.07 - Applications for Early Voting Ballots by Mail; Deadlines for Submission

Current through Register 1525, July 5, 2024
(1) Any qualified voter wanting to vote early
			 by mail may file with his or her local election official an application for an
			 early voting ballot.
(2) Any form
			 of written communication evidencing a desire to have an early 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 Secretary.
(3) No application shall be deemed to be
			 seasonably filed unless it is received in the office of the local election
			 official before noon on the last day of the early voting period as prescribed
			 in M.G.L. c. 54, § 25B(c).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.09 - Early Voting in Person

Current through Register 1525, July 5, 2024
(1)
Delivery
. Upon entering an early voting location in
			 his or her city or town, a voter shall state his or her name and address to the
			 local election official. Upon verification of the registration of a voter at an
			 early voting location for the city or town, the local election official shall
			 provide the voter with the appropriate early voting ballot and accompanying
			 papers and indicate on the early voting list that the voter has been provided
			 an early voting ballot.
If an early voter is listed as inactive, the local election
				official shall require the early voter to complete an affirmation of current
				and continuous residence and show identification, as set forth in
				950 CMR
				53.03(5):
Name
				Dropped or Listed Incorrectly
and 54.04(6):
Name Dropped or
				Listed Incorrectly.
(2)
Method of
			 Voting
. Each early voting location shall have space available for
			 early voters to mark their ballots privately. After marking his or her ballot,
			 each early voter shall enclose it in the envelope provided, execute the
			 affidavit contained thereon and seal the envelope.
(3)
Instruction and Assistance to
			 Early Voters
.
(a)
Instruct Voters
. A local election official may answer
			 questions and instruct the voter on the proper method of marking the
			 ballot.
(b)
Instruction
			 is Different from Assistance
. Instruction shall consist of
			 informing the voter on the proper method of marking a ballot; assistance shall
			 consist of marking the ballot at the request of the voter. Except as the law
			 permits, a voter must mark his or her ballot in secret.
(c)
Assistance to
			 Voter
. If a voter asks for assistance in marking his or her ballot
			 or executing the affidavit on the envelope due to blindness, physical
			 disability or inability to read or to read English, he or she may be assisted
			 by a person of his or her own choice or by a local election official. Such
			 designated person shall add his or her name in the appropriate space on the
			 affidavit envelope. Local election officials shall notify early voters
			 requesting assistance that an accessible marking unit is available.
(d)
Do Not Influence
			 Voter
. Local election officials shall not in any manner request or
			 seek to persuade or influence any voter to vote for or against any person or
			 political party or ballot question.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.10 - Early Voting by Mail

Current through Register 1525, July 5, 2024
(1)
Delivery
. Upon receipt of an application for an early
			 voting ballot by mail by a registered voter, the local election official shall
			 mail the ballot and accompanying papers to the address provided by the voter.
(a) The local election official shall provide
			 the early voter with an early voting ballot, instructions for marking the
			 ballot and returning it, an affidavit envelope, and an outer envelope for
			 returning the ballot to the local election official.
(b) If the voter was listed as inactive, the
			 local election official shall include an affirmation of current and continuous
			 residence with the early voting materials, unless the voter has affirmed that
			 the address at which he or she is listed as inactive is his or her address for
			 voting purposes.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.11 - Duties of Election Officials

Current through Register 1525, July 5, 2024
The local election official, on the day of the election, but no
				later than one hour after the close of polls, shall transmit all envelopes
				purporting to contain official early voting ballots received on or before the
				applicable deadline before the election and which have not been marked
				"Rejected as Defective," as provided in 950 CMR 47.09(5)(d) and 47.10(5)(a), or
				"spoiled," as provided in 950 CMR 47.09(4) and 47.10(4), to the election
				officers in the several precincts where the voters whose names appear on such
				envelopes assert the right to vote or the central tabulation facility, if one
				is designated in accordance with 950 CMR 47.13.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.12 - Processing Early Voting Ballots

Current through Register 1525, July 5, 2024
Early voting ballots may be processed at the polls or at
				centralized tabulation facilities as set forth in 950 CMR
				47.13.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.13 - Designation of Central Tabulation Facility

Current through Register 1525, July 5, 2024
(1) A
			 city or town may determine to tally early voting ballots at a central
			 tabulation facility.
(a)
Determination to Use a Central Tabulation Facility
.
			 The local election official shall designate any central tabulation facility at
			 least 21 days before Election Day and notice of such determination must be sent
			 within two business days to the Secretary. The central tabulation facility must
			 be in compliance with accessibility regulations found at
			 950 CMR 51.00:
Polling Place Accessibility for Elderly and Handicapped
			 Voters.
1. The notice shall contain
			 the name and address of the approved early central tabulation facility and the
			 time that the facility will open.
2. If the city or town uses electronic voting
			 equipment, the notice shall also contain a certification from the local
			 election official that he or she understands that if the tabulator or
			 tabulators used at the central tabulation facility fail or become unusable, all
			 early voting ballots must be counted by hand.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.15 - Processing Early Voting Ballots at Central Tabulation Facility

Current through Register 1525, July 5, 2024
(1)
Deliver Early Voting Ballots
			 and Voting List
. Before the opening of the central tabulation
			 facility, a list containing the names of all voters whose early voting ballots
			 have been cast shall be delivered to the central tabulation facility. The early
			 voting ballots shall be delivered during the day, not later than the close of
			 polls. The election officers assigned to the central tabulation facility,
			 shall, as soon as early voting ballots are delivered, record the total number
			 of ballots received, by precinct.
(2)
Election Officers Shall
			 Process Early Voting Ballots
. The election officers at the central
			 tabulation facility shall process early voting ballots from the time the
			 central tabulation facility opens and throughout the day.
(a) Early voting ballots shall be processed
			 one precinct at a time. All early voting ballots from one precinct shall be
			 processed before another precinct can be processed.
(b) Once the tabulation of a precinct is
			 complete, the tabulated ballots for the precinct may be removed from the ballot
			 box and stored securely, but must remain in public view.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.16 - Challenges

Current through Register 1525, July 5, 2024
All ballots transmitted under any provision of 950 CMR 47.00
				shall be subject to challenge. Any challenge must be made when the affidavit
				envelope containing the early voting ballot is opened and the ballot is
				deposited into the ballot box for non-compliance with any provision of 950 CMR
				47.08, 47.09(5), 47.10(5) or for any other reason allowed by law. If an early
				voting ballot is challenged, it shall be processed in accordance with
				950 CMR
				52.03(23):
Challenges
and 54.04(23):
Challenges,
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.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.17 - Immaterial Irregularities Not to Cause Rejection

Current through Register 1525, July 5, 2024
No ballot transmitted under any provision of 950 CMR 47.09 and
				47.10, to the extent applicable, shall be rejected for any immaterial addition,
				omission or irregularity in the preparation or execution of any writing or
				affidavit required by said sections as determined by the election
				official.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.18 - Disposition of Ballots Received Late

Current through Register 1525, July 5, 2024
All envelopes received by the local election officials after
				the close of polls shall be marked "Rejected: Received Too Late" and 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.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.19 - Voting in Person on Election Day After Submitting Early Voter Ballot Prohibited; Death of Early Voter; Rejection of Certain Ballots

Current through Register 1525, July 5, 2024
(1) Except as provided in 950 CMR 47.19, no
			 voter to whom an early voting ballot has been mailed or delivered and whose
			 early voting envelope has been received and accepted by the local election
			 official shall be permitted to vote in person.
(2) No ballot mailed or delivered under the
			 provisions of 950 CMR 47.00, shall be counted if the officers charged with the
			 duty of counting the same are cognizant of the fact that the voter has died
			 prior to the opening of the polls on the day of the election.
(3) Notwithstanding the foregoing, the local
			 election official shall, on the day of the election, at his or her request,
			 give to any person whose name has not been checked as provided in 950 CMR
			 47.08(1), a certificate of his or her name and residence, as stated on the
			 voter list, signed by such local election official, and such local election
			 official shall then forthwith place on the list of early voters, opposite the
			 name of the person to whom such certificate is furnished, the capital letter C.
(a) On presentation of such certificate to
			 the presiding election officer of the ward, voting precinct or town in which
			 such voter is registered he shall, after his or her name has been checked on
			 the voting list or on his or her certificate of supplementary registration, as
			 the case may be, be allowed to vote.
(b) Such presiding officer shall preserve
			 each certificate issued under 950 CMR 47.19 and return it to the local election
			 official in the manner in which the voting lists are required by M.G.L. c. 54,
			 § 107 to be enclosed.
(c) The
			 local election official shall by telephone authorize the presiding officer to
			 issue such certificate if said local election official determines that a voter
			 at the polling place is entitled to it, and said presiding officer shall then
			 similarly sign and issue such certificate.
(d) If, after a certificate is furnished
			 under 950 CMR 47.19, an envelope purporting to contain an early voting ballot
			 is received from a voter to whom such a certificate has been issued, and
			 opposite whose name on the list of early voters the capital letter C has been
			 placed as herein required, said local election official shall mark across the
			 face of such envelope "Rejected as Voted in Person", and such envelope shall be
			 preserved and destroyed in the manner provided by law for the retention,
			 preservation and destruction of official ballots.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.20 - Information and Instructions

Current through Register 1525, July 5, 2024
The Secretary shall prepare for the use of election officers,
				local election officials and registrars of voters such printed information and
				instructions as he may deem proper to facilitate the operation of 950 CMR
				47.00. Such printed matter shall be transmitted to said officials prior to each
				state election. The Secretary may prepare and distribute such general
				information relative to said sections as he may deem
				expedient.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 47.00 - Early Voting Procedures › Section 47.21 - Retention of Early Voting Materials

Current through Register 1525, July 5, 2024
Each envelope, so marked, all applications for early voter
				ballots and all lists referred to in 950 CMR 47.21 shall be preserved and
				destroyed in the manner provided by law for the retention, preservation or
				destruction of official ballots.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.01 - Purpose

Current through Register 1525, July 5, 2024
950 CMR 48.00 governs the
				format of original state ballot question petition blanks as prepared by the
				Secretary of the Commonwealth, and copies thereof as defined herein, for the
				gathering of signatures, as well as the filing of such petitions with the
				Registrars of Voters for the certification of signatures, and thereafter with
				the Secretary of the Commonwealth, under the authority of M.G.L. c. 53, §
				7.
				950 CMR 48.00 shall be
				interpreted to achieve and maintain accuracy, uniformity and security from for
				gery and fraud in the procedures for gathering signatures, and to promote the
				right of eligible voters to sign such petitions, for such signatures to be
				certified where appropriate, and thereafter be allowed by the Secretary of the
				Commonwealth, and to therefore facilitate the operation of the initiative and
				referenda processes.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.02 - Definitions

Current through Register 1525, July 5, 2024
Disallowed signatures
are the number
				of certified signatures which are in excess of the maximum number of allowable
				signatures from any one county pursuant to Amended Article 48 of the
				Massachusetts Constitution.
Disqualified signatures
are signatures
				appearing on state ballot question petitions which are not in compliance with
				950
				CMR 48.07(2).
Exact copies
shall include any copies
				of an original state ballot question petition blank as prepared by the
				Secretary of the Commonwealth for each particular state ballot question which
				contain exactly the text and format, and are printed on the same paper size and
				paper color, of the original prepared by the Secretary of the Common wealth for
				that particular question, and which do not contain extraneous markings .
Extraneous markings
shall include any
				marking on a state ballot question petition, as defined herein, which was not
				on the original petition blank as provided by the Secretary of the
				Commonwealth, and which is not information requested on the petition blank
				placed in the proper location. The names and addresses of persons signing in
				the designated signature box shall not be considered "extraneous
				markings."
State ballot question petitions
shall
				include initiative petitions for laws, initiative petitions for constitutional
				amendments, and referenda petitions as set forth in the Massachusetts
				Constitution.
Uncertified signatures
are those
				signatures which are contained on state ballot question petitions which have
				not been certified by three or more registrars of voters.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.03 - Paper Size and Color

Current through Register 1525, July 5, 2024
Petition forms shall printed on white paper no larger than 8
				½ inches by 14 inches. The petition shall contain printing on both sides
				of the paper and such printing shall only be in black ink.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.04 - Format- Front Side of Petition

Current through Register 1525, July 5, 2024
(1)
Heading
. The petition form prepared by the Secretary
			 of the Commonwealth may contain a heading. The heading may include, but is not
			 limited to, the following:
(a) the words, "The
			 Commonwealth of Massachusetts";
(b)
			 identification of the type of state ballot question petition
			 (
i.e
., initiative petition for a law);
(c) language identifying the authority for
			 the petition (
i.e
., "Under Article XLVIII of the Amendments to
			 the Constitution of the Commonwealth");
(d) the State Coat of Arms.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.05 - Format- Back Side of Petition

Current through Register 1525, July 5, 2024
(1)
Attention Voters
. The petition form prepared by the
			 Secretary of the Commonwealth may include on the back of the petition form the
			 following, or substantially similar, statement: "ATTENTION VOTERS: Before
			 signing, read signer information on other side."
(2) Below the last line of the Signature
			 Gathering Box shall appear a warning which shall read as follows:
WARNING- criminal penalty for unlawfully signing,
				altering, defacing, mutilating, destroying, or suppressing this petition: fine
				of up to $1,000 or imprisonment for up to one year.
The penalty contained in the warning shall be that found in
				M.G.L. c. 56, § 11.
(3)
Registrar Information
			 Area
. petition form prepared by the Secretary of the Commonwealth
			 may include an area containing information and instructions to Registrars of
			 Voters. If such an area is included on a petition form, the codes used by the
			 Registrars of Voters when certifying signatures, found at
			 950 CMR 55.00,
et
			 seq
., shall be placed upon the petition form in this area. Further,
			 instructions to Registrars of Voters may include, but are not limited to, the
			 following:
(a) You must time-stamp or write
			 in date and time these papers are received;
(b) Check thus [Square Root] against the name
			 of each qualified voter to be certified;
(c) For names not certified, use the code at
			 the right;
(d) Draw a line through
			 any blank spaces not containing signatures;
(e) Each sheet must be certified by at least
			 three registrars;
(f) A facsimile
			 stamp is acceptable; and
(g) The
			 date on which certification must be completed.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.06 - Filing State Ballot Question Petitions with Registrars of Voters

Current through Register 1525, July 5, 2024
(1) Registrars of Voters shall follow
			 procedures for certifying signatures set forth at M.G. L. c. 53, § 7 and
			 950 CMR 55.00
et
			 seq
., and shall not examine the petitions forms for extraneous
			 markings nor determine whether the petition forms are exact copies.
(2) Registrars of Voters must mark each
			 petition form with the date and time the petitions are received as required by
			 950 CMR
			 55.02(1). If the Secretary
			 of the Commonwealth includes a box for registrar use only, the Registrars of
			 Voters must mark the date and time within that box. Registrars of Voters may
			 also place in that box information they deem necessary, including, but not
			 limited to, the following:
(a) the name of the
			 person submitting petitions;
(b)
			 the telephone number of the person submitting petitions; and
(c) the number of petitions
			 received.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.07 - Filing State Ballot Question Petitions with the Secretary of the Commonwealth

Current through Register 1525, July 5, 2024
(1) The Secretary
			 of the Commonwealth shall review all submitted petitions forms to ensure that
			 each petition form contains the signatures of three or more Registrars of
			 Voters. Petition forms which fail to contain the signatures of three or more
			 Registrars of Voters will not be counted towards the total number of required
			 signatures. The signatures contained on such petition forms will be designated
			 as "uncertified."
(2) The Secretary
			 of the Commonwealth shall review all submitted petition forms for extraneous
			 markings and compliance with exact copy requirements. Signatures contained on
			 petition forms which have extraneous markings, or signatures contained on
			 petition forms which are not exact copies, will not be counted towards the
			 total number of required signatures. The signatures contained on such petition
			 forms will be designated as "disqualified."
(a) Examples of extraneous markings include,
			 but are not limited to, the following:
1.
			 highlighting;
2.
			 underlining;
3.
			 scribbles;
4. doodles;
5. instructional language
			 (
i.e
. "over" or "see other side");
6. the name or initials of the circulator;
			 or
7. the telephone number of the
			 circulator.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 48.00 - State Ballot Question Petitions › Section 48.08 - Integrity of State Ballot Question Petitions

Current through Register 1525, July 5, 2024
To ensure the integrity of state ballot question petitions in
				the process of submission to local election officials and filing with the
				Secretary of the Commonwealth pursuant to Amended Article 48 of the
				Massachusetts Constitution, and with reference to the holdings in
Hurst
				v. State Ballot Commission
, 427 Mass. 825 (1998), and
Walsh v.
				Secretary of the Commonwealth
, 430 Mass. 103 (1999), state ballot
				question petitions shall not be a public record in the possession of local
				election officials. Such petitions shall not be a public record in the
				possession of the Secretary of the Commonwealth until after the filing deadline
				set forth in the Massachusetts Constitution and a reasonable time for
				processing by the Secretary of the Commonwealth. Prior to the deadline for
				filing state ballot question petitions with the Secretary of the Commonwealth
				as set forth in the Massachusetts Constitution, the names and addresses of the
				additional signers shall not be disclosed by either local election officials or
				the Secretary of the Commonwealth. In no event shall the state ballot question
				petitions be open for public inspection until the Secretary has provided the
				first ten signers with a final official count of the number of certified
				signatures.
Processing by the Secretary of the Commonwealth includes
				determining the total number of certified signatures, disallowed signatures,
				and disqualified signatures, pursuant to
				950
				CMR 48.07
et
				seq
.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.01 - Scope

Current through Register 1525, July 5, 2024
950 CMR 49.00 sets forth the
				procedures for implementing voter registration procedures for qualified
				confidential voters as set forth in M.G.L. c. 51, §§ 4, 21 and 44 as
				amended by St. 1998, c. 87.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.02 - Purpose

Current through Register 1525, July 5, 2024
St. 1998, c. 87 amends M.G.L. c. 51, §§ 4, 21, and
				44. The purpose of
				950 CMR 49.00 is to insure
				that the name and residence of those persons who provide the registrars with a
				court order grantingprotection, evidence of residence in a protective shelter,
				or an affidavit signed by the chief of police or his designee permitting
				certain information to be withheld from the public under M.G. L. c. 265, §
				24C, shall not appear on the street list or on the annual register and shall
				not be disclosed to any person. Furthermore, the voter registration affidavit,
				as required by M.G.L. c. 51, § 44, of any person listed above shall not be
				a public record.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.03 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 950 C.M.R. 49.00
et seq
.
				the following words shall, unless the context otherwise indicates, have the
				following meanings:
Secretary
means the Secretary of the
				Commonwealth.
Registrar
means registrar, assistant
				registrar, clerk, assistant clerk, or boards having similar duties.
Court Order
means a certified copy of
				a court order.
Shelter
means any refuge, shelter,
				safe home, institution or center designated for the purpose of providing
				residential placement for persons who are in crisis because they have suffered
				or are at a substantial risk of suffering serious physical or emotional injury
				as a result of abuse, neglect, or abandonment.
Certificate of Confidential
				Registration
means a certificate issued by the local registrars to
				a person who has qualified as a confidential voter.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.04 - Overview

Current through Register 1525, July 5, 2024
Registrars, assistant registrars, or boards having similar
				duties under any special or general law, shall not place on the street list or
				annual register or disclose to any person the name and residence of a voter
				providing the registrars with a copy of a court order granting protection,
				evidence of residence in a protective shelter, or an affidavit signed by a
				chief of police or his designee that the voter is entitled to have certain
				information withheld from the public under M.G.L. c. 265, § 24C. The
				affidavit of voter registration of any person providing the registrars with a
				copy of a court or dergranting protection, evidence of residence in a
				protective shelter, or an affidavit signed by the chief of police or his
				designee that the voter is entitled to have certain information withheld under
				M.G.L. c. 265, § 24C, shall not be a public record.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.05 - Court Order Granting Protection

Current through Register 1525, July 5, 2024
A voter with a court order granting protection must present the
				registrar with the order in order to qualify for confidential voter
				registration. The registrar must then maintain a copy of that order. The copy
				of the order in the possession of the registrar shall not be a public record.
				60 days after the date the court order expires, unless proof that the court
				order has been extended is provided by the voter, the name and residence of the
				voter shall become a public record and shall be placed on the street list and
				the annual register as required by M.GL. c. 51, §§ 4, 37 and 58. The
				court order and any proof that the order has been extended shall remain
				confidential and shall not become a public record.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.06 - Evidence of Residency in a Shelter

Current through Register 1525, July 5, 2024
A voter must provide a letter to the registrar from the
				director of the shelter stating that the voter is a resident in order to
				qualify for confidential registration. The confidential voter must the
				nannually (within one year and 60 days from the previous letter) provide a
				letter from the director of the shelter in order for his or her registration to
				remain confidential. The letter from the director shall not be a public record.
				Should the voter choose to allow his or her confidential registration to expire
				by failing to provide evidence of residency in a shelter, the voter's name only
				becomes a public record. The address of the shelter does not become a public
				record at that time or any other. Under no circumstances shall the address of a
				shelter be disclosed to any person.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.07 - Affidavit of Police Chief or his Designee

Current through Register 1525, July 5, 2024
A voter must provide an affidavit from the police chief, or
				next in command as his designee, stating he or she is entitled to have certain
				information withheld from the public pursuant to M.G.L. c. 265, § 24C, in
				order to qualify for confidential voter registration. The form of the affidavit
				obtained from the police chief or his designee shall be substantially as
				follows:
I, (Chief or designee), (title), certify that (name of person)
				of (address of person) is entitled to have certain information withheld from
				the public under M.G.L. c. 265, § 24C.
Signed under the pains and penalties of perjury.
__________________
Name
Title
________________
Date
This affidavit shall not be a public record. The voter
				registration of a person who qualifies for confidential voter registration
				because they are entitled to have certain information withheld from the public
				under M.G.L. c. 265, § 24C, shall remain confidential indefinitely.
				Provided, however, that if the confidential voter signs a statement in the
				presence of the registrar that the voter no longer wants such information with
				held, the voter's name and address shall become a public record. However, if
				the voter's address of record has been or is a shelter, the shelter's address
				shall never become a public record.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.08 - Certificate of Confidential Registration

Current through Register 1525, July 5, 2024
(1)
Issuance of Confidential Voter Number and Certificate
.
			 Once the person has provided either a court order granting protection, evidence
			 of residence in a protective shelter, or an affidavit from the chief of police
			 or his designee that the person is entitled to have certain information
			 withheld from the public, the registrars shall provide the person with a
			 confidential voter number and later, with a certificate of confidential
			 registration bearing that number. The certificate shall serve as proof that the
			 personis a legally registered voter. Neither the name nor residence of a person
			 who has provided the registrars with such proof shall appear on the voting
			 list. Instead, the certificate number only will appear at the end of the
			 appropriate voting list used at the polls.
(2)
Mailing of
			 Certificate
. 28 days prior to any election or primary, the
			 registrar shall send any person who is qualified for confidential registration
			 one copy of such certificate for use at the upcoming election.
(3)
Voting at the Office of the
			 Registrars or by Absentee Ballot
. Nothing in 950 CMR 49.08 shall
			 prevent such persons from personally appearing to vote at the office of the
			 registrars or from voting by absentee ballot if legally qualified to do
			 so.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.09 - Form of Certificate

Current through Register 1525, July 5, 2024
The certificate of confidential registration must contain the
				signatures of a majority of the board of registrars (a facsimile stamp may be
				used). Where applicable, the town seal shall also be affixed to the
				certificate. The form of the certificate should be substantially as
				follows:
Click
				here to view image
This certificate
must
be brought with
				you to the polling location identified above when you go to vote.
NOTE TO CERTIFICATE HOLDER:
Please be aware that your confidential voter registration may
				expire if certain conditions are not met.
If you have received confidential registration because:
* you have a court order granting protection, it will expire 60
				days from the date when the court order expires, unless you provide the
				registrar with proof that the court order has been extended;
* you are a resident in a shelter, it will expire one year and
				60 days from the date on the shelter director's letter confirming residency,
				unless you provide the registrar with a new letter from the director of the
				shelter.
WARNING TO ELECTION OFFICERS: The name and address of this
				confidential voter are not a public record and should not be announced even if
				you recognize this person. A primary or election officer who makes any
				statement or gives any information in regard to a confidential registration
				certificate shall be punished by a fine of not more than $500.00 or by
				imprisonment for not more than one year. M.G.L. c. 56, §
				14.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.10 - Registrar's Affirmation

Current through Register 1525, July 5, 2024
The registrar, upon determination that the proof provided by
				the voter qualifies him or her for confidential registration, must complete a
				form of affirmation. The form of affirmation should be substantially as
				follows:
Click to
				view image
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.11 - Receipt and Copy of 950 C.M.R. 49.00

Current through Register 1525, July 5, 2024
Upon completion of the Registrar's Affirmation, the registrar
				shall issue a receipt to the voter confirming that the voter has qualified as a
				confidential voter. The registrar will also provide the individual a copy of
				950 C.M.R. 49.00. The receipt shall be substantially as follows:
Click
				here to view image
NOTE TO CERTIFICATE HOLDER:
Please be aware that your confidential voter registration may
				expire if certain conditions are not met.
If you have received confidential registration because:
* you have a court order granting protection, it will expire 60
				days from the date when the court order expires, unless you provide the
				registrar with proof that the court order has been extended;
* you are a resident in a shelter, it will expire one year and
				60 days from the date on the shelter director's letter confirming residency,
				unless you provide the registrar with a new letter from the director of the
				shelter.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.13 - At the Polls

Current through Register 1525, July 5, 2024
(1)
Appearance at the Polls
. When a confidential voter
			 appears at the polls with a certificate issued from the registrar, that person
			 shall not be required to give their name or address. The name and address of
			 the confidential voter are not public record and should not be announced even
			 if the election official recognizes the voter.
(2)
Voting Procedure:
			 Confidential Voter Number on Voting List
. The voter will present
			 their certificate of confidential registration to the election officer at the
			 check- in. The election officer will look at the end of the active and inactive
			 voting lists to find the number that corresponds to the certificate. If such
			 number is found on the voting list, the election officer shall check it and
			 shall admit the voter and provide such voter with a ballot. For those systems
			 for which there is no check-out, the election officer shall retain the
			 certificate. For those systems which utilize a check-out, when the voter has
			 completed voting, the certificate must be presented to the exit checker, and
			 attached to the voting list. The certificate shall not be a public
			 record.
(3)
Voting
			 Procedure: Confidential Voter Number Not on Voting List
. If the
			 voter has presented a certificate for which no corresponding number is located
			 on the active or inactive voting list, the voter should be permitted to vote
			 using an escrow ballot, and the certificate of confidential registration should
			 be enclosed in the ballot envelope. Or in the alternative, the voter may
			 proceed, with his or her confidential voter certificate, to the registrar's
			 office in order to determine whether a listing error has been made. If it has
			 been determined that a listing error has occurred, the registrars should issue
			 an absentee ballot to the voter, who shall mark it and enclose it in an
			 absentee ballot envelope, together with the certificate of confidential
			 registration. The registrar should then mark on the envelope "Listing Error"
			 and as soon as practicable shall transmit the envelope to the proper polling
			 place where it should be counted as if the voter had appeared personally and
			 the certificate should be should attached to the voting list.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.14 - Central Registry of Voters

Current through Register 1525, July 5, 2024
The name and residence of any person in 950 CMR 49.14 shall not
				be entered into the Central Registry of Voters.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.15 - Absentee Voting

Current through Register 1525, July 5, 2024
(1)
Procedure for Sending Absentee Ballots
. A duly
			 registered, confidential voter, who qualifies to vote by absentee ballot, may
			 do so. The confidential voter's application for an absentee ballot must be
			 retained in the registrar's confidential voter file and is not a public record.
			 The registrar should complete the outer envelope with the voter's confidential
			 voter registration number. If the application is received prior to the
			 twenty-eighth day before the primary or election, the registrar should enclose
			 the certificate of confidential registration with the absentee ballot, along
			 with a letter directing the voter to enclose the certificate with the ballot.
			 If the application is received after the 28th day, the registrar should have
			 already forwarded the certificate of confidential registration to the voter,
			 however, the registrar should include a letter directing the voter to enclose
			 the certificate with the ballot.
(2)
Procedure for Entering the
			 Voter's Confidential Registration Number on List Absentee Voters
.
			 The name and address of confidential voter shall not be entered on the list of
			 those requesting absentee ballots. Instead, the voter's confidential voter
			 registration number should be placed on the list of those requesting absentee
			 ballots and the letters AV should be placed next to their confidential voter
			 registration number at the end of the appropriate voting list.