Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 53.00 - Voting And Counting Procedures For Voting Machines › Section 53.03 - During the Voting Hours

Current through Register 1525, July 5, 2024
(1)
Ready Machines for Voting and Declare Polls Open
. An
			 election officer shall cut the seal and remove it from the machine if this has
			 not already been done. An election officer shall activate the machine. The keys
			 shall be sealed in their proper envelope and the envelope shall be placed in
			 the protective custody of the warden or police officer. The warden shall
			 declare that the polls are open.
(2)
Who May Vote
.
			 Anyone whose name appears on the voting list shall be qualified 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 and shall
			 repeat it loudly and clearly. If it is a primary, the 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' officer. 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
			 53.03 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 53.03(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 53.03
			 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 53.03(19). For the purpose of 950 CMR
				53.03(5)(b) suitable identification shall be defined in 950 CMR
				53.03(5B).
(c)
Communications
. To carry out the communications
			 required by 950 CMR 53.03 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 connection 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.