reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.16 - Challenges

Current through Register 1525, July 5, 2024
A person challenging a confidential voter registration on the
				grounds that it is illegal or incorrect must proceed to superior court under
				M.G.L. c. 56, § 59. Given the special circumstances of confidential
				registration, a hearing pursuant to M.G.L. c. 51, §§ 48 and 49 cannot
				be held.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 49.00 - Confidential Voter Registration › Section 49.17 - Recount

Current through Register 1525, July 5, 2024
Although the burden of proving that a challenged voter's ballot
				should not be counted is usually on the candidate or individual challenging the
				voter, the special circumstances of confidential voters necessarily alters this
				burden. Therefore, when a confidential voter is challenged, the registrar must
				provide the affirmation described in 950 C.M.R. 49.10. If a candidate or
				individual challenging the confidential voter is dissatisfied with the
				registrar's decision to permit the confidential voter's ballot to be counted,
				that individual may pursue that challenge in superior court.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.01 - General Provisions

Current through Register 1525, July 5, 2024
950 CMR 50.01 applies to
				950 CMR
				50.00 through
				54.00.
(1)
Definitions
.
			 Terms shall have the meanings provided in M.G.L. c. 50, § 1. In addition:
Electronic voting system
means anysystem for casting
			 or counting ballots which uses electrical or electronic tabulating equipment,
			 or which uses special marking inks or punch card devices in the marking of
			 ballots.
Secretary
means the state
				secretary.
Voting machine
means any mechanical or
				automatic device for casting and counting votes which is not part of an
				electronic voting system.
(2)
Application
. 950
			 CMR 50.01 through
			 50.06
			 apply to all primaries, preliminary elections, and elections, referred to
			 collectively as "elections", except to the extent provided otherwise.
			 950 CMR 52.00 applies where
			 paper ballots are used;
			 950 CMR 53.00 where voting
			 machines are used; and
			 950 CMR 54.00 where
			 electronic voting systems are used.
(3)
Effective Date
.
			 950 CMR 50.01 through
			 50.06
			 are effective as soon as publication occurs in the Massachusetts Register,
			 under M.G.L. c. 30A, § 6.
(4)
Amendment
. These chapters may be amended at any time
			 in the manner provided by law. Any interested person may petition the Secretary
			 requesting the adoption, amendment, or repeal of any regulation, under M.G.L.
			 c. 30A, § 4. This petition shall be considered by the Secretary within 30
			 days after filing.
(5)
Authority
. These chapters are promulgated under
			 authority of M.G.L. c. 54, § 37.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.02 - Standards

Current through Register 1525, July 5, 2024
The Secretary shall determine the approved types of voting
				equipment based on compliance with the minimum requirements for this equipment
				imposed by law and the ability of this equipment to further the efficient
				administration of elections. Specifically:
(1) Equipment actually used to vote shall be
			 simple and convenient to use:
(a) A reasonable
			 and average person should be able to operate the equipment after a brief
			 demonstration or explanation.
(b)
			 Voting an average ballot on the equipment shall not take an undue length of
			 time.
(c) Safeguards such as
			 indicator devices or markings must be employed so as to allow the voter to
			 examine the choices he has made and ensure that the correct choices have been
			 indicated. The voter shall have the ability to change a vote either by
			 resetting the device or by obtaining as many as two new ballots until the time
			 when the final vote has been registered either by pulling a lever or other
			 device or by casting the ballot.
(d) If ordinary lighting is inadequate,
			 special lighting must be supplied.
(e) Voting machines shall be equipped to
			 permit the insertion of four-inch wide ballot labels for display of ballot
			 questions.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.03 - Submission and Approval Schedule

Current through Register 1525, July 5, 2024
The Secretary shall decide whether to approve all types of
				voting equipment according to the following schedule :
(1) Equipment must be approved by the
			 Secretary before it may be used.
(2) The Secretary shall make and file his
			 report in his office, together with a written or printed description and
			 drawings and photographs clearly identifying the equipment, within 30 days
			 after the time of submission.
(3)
			 No electronic voting system and no direct electronic voting machine may be
			 approved after January 1, 1992 that does not meet the voting system standards
			 adopted by the Federal Election Commission on February 5, 1990, as they may be
			 amended from time to time, and that has not been tested by an independent test
			 authority to confirm compliance.
(4) Only voting equipment approved by the
			 Secretary at least 180 days before a state primary or state election shall be
			 used at such primary or election, unless it is to be used in a field test (
			 950 CMR 50.04(3)
			  ) before final approval of the
			 equipment.
(5) Any additional
			 printing cost incurred by the Secretary as a result of final approval or field
			 testing of new voting equipment, after receipt by the State Purchasing Agent of
			 the proposed state ballot printing contract, shall be the responsibility of the
			 vendor.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.04 - Submission and Approval Procedure

Current through Register 1525, July 5, 2024
Submission of voting equipment to the Secretary consists
				of:
(1) Submission of detailed
			 specifications, including proof of compliance with
			 950 CMR
			 50.03(3).
(2) Office demonstration of the
			 equipment.
(3) Field test in at
			 least two elections in one or more communities according to the discretion of
			 the Secretary.
These requirements may be modified at the Secretary's
				discretion. In all of this procedure the Secretary shall determine whether the
				equipment meets the standards for voting equipment as specified in
				950 CMR 50.02. The
				Secretary subject to appropriation may employ not more than three individuals
				who are experts in one or more of the fields of data processing, mechanical
				engineering and public administration to help him make this
				determination.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.05 - Monitoring Performance

Current through Register 1525, July 5, 2024
The Secretary shall monitor the performance of all approved
				voting equipment, and may for this purpose have representatives observe its use
				at elections in various cities and towns. If at any time the Secretary decides
				after a public hearing that any equipment does not conform with the
				requirements of law and
				950 CMR
				50.00, he may revoke his approval of that equipment.
				He shall file a written report to that effect, and shall notify all interested
				city and town clerks. Revocation shall prevent the continued use of previously
				approved equipment in cities and towns where it is then in
				use.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 50.00 - Voting Equipment › Section 50.06 - Printing Punch Card or Optical Scanner Ballot Questions on Separate Sheets

Current through Register 1525, July 5, 2024
Where punch cards on which are printed the candidates' names
				and other ballot information, or optical scanner ballots, are used, the
				Secretary's Director of Elections for state elections and the city or town
				clerk for city or town elections may determine in that officer's discretion
				that some or all ballot questions shall be printed on separate sheets of paper
				rather than on punch cards or optical scanner ballots. Voters shall continue to
				vote on these questions by punching or marking the appropriate positions on the
				punch card or optical scanner ballot.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 51.00 - Polling Place Accessibility For Elderly And Handicapped Voters › Section 51.01 - Purpose

Current through Register 1525, July 5, 2024
950 CMR 51.00 implements the
				federal Voting Accessibility for the Elderly and Handicapped Act, 42 USC
				§§ 1973ee through 1973ee-6, and Amended Article 114 of the
				Massachusetts Constitution and applies to all Massachusetts elections. The
				purpose of 42 USC 42 USC §§ 1973ee through 1973ee-6, Amended Article
				114 of the Massachusetts Constitution and
				950 CMR 51.00 is to promote
				the fundamental right to vote by improving access for handicapped and elderly
				individuals to polling places and the voting process.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 51.00 - Polling Place Accessibility For Elderly And Handicapped Voters › Section 51.03 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Delegation to Director of
			 Elections
. The Secretary delegates to the Director of Elections
			 (the Director) the authority to determine whether a polling place is exempt
			 from the accessibility requirements under
			 42
			 U.S.C. 1973ee-1(b), §
			 3(b), and under 950 CMR 51.03.
(2)
Emergency Exemptions
. In an emergency under
			 42
			 U.S.C. 1973ee - 1(b)(1), § 3(b)(1), an
			 exemption may be applied for and determined by telephone, but both the city or
			 town and the Director shall confirm their communications in writing. Mere
			 failure of the city or town to make adequate and timely plans and arrangements
			 does not constitute an emergency. If an exemption is allowed, it applies only
			 to one election, and the city or town must exercise its best efforts to find
			 another accessible polling place, and if none is available, to provide whatever
			 assistance is possible to handicapped and elderly voters. If an emergency
			 exemption is allowed, handicapped or elderly voters assigned to such an
			 emergency exempt polling place may vote by absentee ballot in the office of the
			 city or town clerk or election commission without applying in advance. The
			 procedures set forth in the second paragraph of M.G.L. c. 51, § 59 shall
			 apply to such voters, except that the absentee ballot envelope shall be marked
			 "Emergency Polling Place Exemption".
(3)
Non-availability Exemptions:
			 Standards
. In determining under
			 42
			 U.S.C. 1973ee - 1(b)(2)(A), §
			 3(b)(2)(A), that all potential places have been surveyed and that no accessible
			 place is available, nor is the city or town able to make one temporarily
			 accessible in the area involved, the Director shall consider the following
			 factors:
(a) Whether each location has been
			 studied by a trained person to determine whether or not it is accessible.
1. Polling places should not be presumed to
			 be accessible simply because there are no obvious barriers, but
			 950 CMR
			 51.02 must be applied.
2. A trained person is one with knowledge of
			 what constitute structural barriers to handicapped individuals.
3. Handicapped persons, representatives of
			 handicap groups or professionals who work with handicapped individuals should
			 be consulted.
4. If a location is
			 inaccessible, then the city or town should either seek an alternative
			 accessible location or seek to have the barriers removed.
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 52.01 - General Duties of Election Officers

Current through Register 1525, July 5, 2024
(1)
Election Officers Assigned to Each Polling Place
. Each
			 precinct must have assigned to it a warden, clerk, and at least two inspectors
			 (four in cities), unless in a town where five or fewer precincts vote in the
			 same building the selectmen decide otherwise under M.G.L. c. 54, § 24. In
			 addition, precincts may have a deputy clerk, deputy warden, additional
			 inspectors as are needed to run the election, and as many tellers as are
			 necessary to count the votes after the election.
(2)
Election Officers Must
			 Represent Political Parties
. Within each precinct, the election
			 officers must equally represent the two leading political parties. Two of the
			 officers in each precinct may be unenrolled.
The warden and deputy warden must be from the same party and
				different from that of the clerk and deputy clerk. No more than half the
				inspectors may be from the same party.
Party representation requirements apply only if the chairman of
				the city or town committee of each political party or the chairman of the state
				committee of such party files with the registrars lists of enrolled members of
				the party who desire appointment as election officers under M.G.L. c. 54,
				§§ 11B, 12 and 13.
(3)
Warden: General Duties and
			 Authority
. The warden shall be the chief election officer at the
			 polling place. The warden shall supervise the other precinct election officers
			 before the polls open, during the election, and during the vote count. The
			 warden is responsible for maintaining order and handling violations of election
			 law by election officers or others. The warden may use police assistance when
			 necessary.
If the warden leaves, his deputy shall be in charge, but if
				there is no deputy, he may designate a qualified election officer to be in
				charge.
(4)
Clerk: General Duties
. The election clerk shall keep a
			 record of all facts relating to the proceedings of the election required by law
			 to be recorded. The clerk shall note any unusual happenings during the conduct
			 of the election. The clerk is responsible for maintaining the Election Record,
			 filling out forms and adding vote totals for each candidate on the total tally
			 sheet. The clerk shall read and record the ballot box register before and after
			 the election.
(5)
Inspectors: General Duties
. Inspectors shall be
			 assigned to duties by the warden. Two election officers of different political
			 parties shall be assigned to the check-in area at the entrance to the voting
			 area. Two other election officers of different political parties shall be
			 stationed at the voting area exit. Party representation requirements may not
			 apply under 950 CMR 52.01(2).
(6)
Tellers: General Duties
. Tellers shall work after the
			 polls close. They shall be assigned to count votes and shall be instructed in
			 that duty.
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 52.02 - Before the Polls Open

Current through Register 1525, July 5, 2024
(1)
Election Officers Report To Polling Place
. All
			 election officers must report to work at the polling place at a time to be
			 determined by the city or town clerk, so as to be able to complete all
			 preliminary work and to allow the polls to open on time. They must be sworn in
			 before beginning to work. They shall open the polling place on time.
(2)
Replacement Of Election
			 Officers
. If an election officer assigned to a polling place fails
			 to appear or leaves, the city or town clerk shall be notified. Replacements
			 shall be sent, or the corresponding deputy election officer shall be designated
			 as the replacement.
(3)
Arrange The Polling Place
. The voting booths, ballot
			 boxes and fiberboard boxes with ballots must be in full view at all times. A
			 guard rail shall be established to prevent unauthorized people from interfering
			 with or observing people who are voting.
(4)
Signs To Be
			 Posted
. The following items shall be posted in a conspicuous place
			 inside the polls but outside the guard rail:
(a) Three specimen ballots (for each party in
			 primaries).
(b) Three "Instructions
			 to Voters" cards.
(c) Three
			 "Penalties Upon Voter" cards.
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 53.02 - Before the Polls Open

Current through Register 1525, July 5, 2024
(1)
Election Officers Report to Polling Place
. All
			 election officers must report to work at the polling place at a time to be
			 determined by the city or town clerk, so as to be able to complete all
			 preliminary work and to allow the polls to open on time. They must be sworn in
			 before beginning to work. They shall open the polling place on time.
(2)
Replacement of Election
			 Officers
. If an election officer assigned to a polling place fails
			 to appear or leaves, the city or town clerk shall be notified. Replacements
			 shall be sent, or the corresponding deputy election officer shall be designated
			 as the replacement.
(3)
Arrange The Polling Place
. The voting machines, the
			 receptacle or receptacles for the voting authority certificates and the ballot
			 box must be in full view at all times. A guard rail shall be established to
			 prevent unauthorized people from interfering with people who are
			 voting.
(4)
Signs To Be
			 Posted
. The following items shall be posted in a conspicuous place
			 inside the polls but outside the guard rail:
(a) Three specimen ballots (for each party in
			 primaries).
(b) three "Instruction
			 To Voters" cards
(c) three
			 "Penalties Upon Voter" cards
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 54.00 - Voting And Counting Procedures For Electronic Voting Systems › Section 54.01 - General Duties of Election Officers

Current through Register 1525, July 5, 2024
(1)
Election Officers Assigned to Each Polling Place
. Each
			 precinct must have assigned to it a warden, clerk, and at least two inspectors
			 (in cities, four), unless in a town where five or fewer precincts vote in the
			 same building the selectmen decide otherwise under M.G.L. c. 54, § 24. In
			 addition, precincts may have a deputy clerk, deputy warden, additional
			 inspectors as are needed to run the election, and as many tellers as are
			 necessary to process the ballots after the election.
(2)
Election Officers Must
			 Represent Political Parties
. Within each precinct, the election
			 officers must equally represent the two leading political parties. However, two
			 of the officers in each precinct may be unenrolled.
The warden and deputy warden must be from the same party and
				different from that of the clerk and deputy clerk. No more than half the
				inspectors may be from the same party. Party representation requirements apply
				only if the chairman of the city or town committee of each political party or
				the chairman of the state committee of such party files with the registrars
				lists of enrolled members of the party who desire appointment as election
				officers under M.G.L. c. 54, §§ 11B, 12 and 13.
(3)
Warden: General Duties and
			 Authority
. The warden shall be the chief election officer at the
			 polling place. The warden shall supervise the other precinct election officers
			 before the polls open, during the election, and while the ballots are
			 processed. The warden is responsible for maintaining order and handling
			 violations of election law by election officers or others. The warden may use
			 police assistance when necessary.
If the warden leaves, his deputy shall be in charge, but if
				there is no deputy, he shall designate a qualified election officer to be in
				charge.
(4)
Clerk: General Duties
. The election clerk shall keep a
			 record of all facts relating to the proceedings of the election required by law
			 to be recorded. The clerk shall note any unusual happenings during the conduct
			 of the election. The clerk is responsible for maintaining the Election Record
			 and filling out forms. The clerk shall read and record the ballot box register
			 before and after the election.
(5)
Inspectors: General Duties
. Inspectors shall be
			 assigned to duties by the warden. An inspector or other election officer shall
			 be assigned to the demonstration marking unit to instruct voters on its use and
			 to observe voters in order to offer assistance to those having difficulties.
			 Two election officers of different political parties shall be assigned to the
			 check-in area at the entrance to the voting area. Two other election officers
			 of different political parties shall be stationed at the voting area exit.
			 Party representation requirements may not apply under 950 CMR
			 54.01(2).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 54.00 - Voting And Counting Procedures For Electronic Voting Systems › Section 54.02 - Testing

Current through Register 1525, July 5, 2024
(1)
City or Town Clerk
			 Responsible for Testing
. The vendor for each electronic voting
			 system shall conduct a training session before each election which all new city
			 or town clerks shall attend. The city or town clerk shall be fully responsible
			 for all pre-election testing and for counting the ballots after the election.
			 This responsibility shall not be delegated to the vendor.
(2)
Ballot Testing
.
			 For punch-cards only, no later than two weeks after the delivery of ballots for
			 state elections, the city or town clerk shall randomly select a sufficient
			 number of punchcard ballots to be inserted into at least one marking unit per
			 precinct to test adequately whether the punchcards fit into the marking units.
			 The city or town clerk shall immediately notify the Director of Elections if
			 the test demonstrates an improper fit.
(3)
Vendor
			 Responsibility
. Any marking units stored by the vendor must be
			 delivered by the vendor to the city or town clerk no later than one week after
			 the delivery of the ballots for the state primary and general elections for the
			 purpose of permitting the city or town clerk to complete the ballot testing
			 requirement. Any additional cost incurred by the Secretary as a result of the
			 failure of the vendor to deliver the marking units on time pursuant to 950 CMR
			 54.02 shall be the responsibility of the vendor.
(4)
Computer Program
			 Testing
. Under the supervision of the city or town clerk a "test
			 deck" shall be prepared of at least 50 punch cards or optical scanner ballots
			 marked in such a way as to:
(a) adequately
			 test the computer program;
(b)
			 demonstrate rejection of overvoted punchcards or optical scanner ballots;
			 and
(c) test any other contents of
			 the program which may have a bearing upon the accuracy of the count.
The test deck must contain at least the elements provided in a
				model test deck prepared by the Secretary.
For primaries a "test deck" of cards/ballots must be prepared
				and tested for each political party. If more than one punch card or optical
				scanner ballot format is used in any election, all such formats shall be tested
				using the proper program and test deck.
Written notice of the time and place of the computer program
				test shall be given by the city or town clerk to the chairman of the city or
				town committee of each political party, and shall be posted in the city or town
				clerk's office, at least three days before the test.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 54.00 - Voting And Counting Procedures For Electronic Voting Systems › Section 54.03 - Before the Polls Open

Current through Register 1525, July 5, 2024
(1)
Election Officers Report to Polling Place
. All
			 election officers must report to work at the polling place at a time to be
			 determined by the city or town clerk, so as to be able to complete all
			 preliminary work and to allow the polls to open on time. They must be sworn in
			 before beginning to work. Election officers shall open the polling place on
			 time.
(2)
Replacement
			 of Election Officers
. If an election officer assigned to a polling
			 place fails to appear or leaves, the city or town clerk shall be notified.
			 Replacements shall be sent, or the corresponding deputy election officer shall
			 be designated as the replacement.
(3)
Arrange the Polling
			 Place
. The voting booths, ballot box, fiberboard boxes with punch
			 cards and ballot envelopes, and the metal transportation box must be in full
			 view at all times. A guard rail shall be arranged to prevent unauthorized
			 people from interfering with or observing people who are voting.
(4)
Place Demonstration Marking
			 Units at Entrance
. One or more marking units must be outside the
			 guard rail for providing instruction to voters.
(5)
Signs to be
			 Posted
. The following items shall be posted in a conspicuous place
			 inside the polls but outside the guard rail:
(a) Three specimen ballots (for each party in
			 also, put in required return primaries).
(b) three "Instructions to Voters"
			 cards
(c) three "Penalties Upon
			 Voter" cards
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 54.00 - Voting And Counting Procedures For Electronic Voting Systems › Section 54.06 - After the Polls Close: Optical Scanner Ballots

Current through Register 1525, July 5, 2024
(1)
Votes Counted
			 Continuously
. The tabulation of the votes shall take place in the
			 polling place. The tabulation shall continue without interruption until all the
			 votes are counted and the results are announced.
(2)
Public May Observe
			 Counting
. The general public must be allowed inside the polling
			 place after the polls close. The public must observe from outside the guard
			 rail. Only election officers may touch ballots. All ballots must be kept in
			 full view of the public while the counting is going on.
(3)
Take Count of Voters on Both
			 Voting Lists
. The election officer in charge of each of the two
			 voting lists shall announce the total number. The clerk shall record the
			 number.
(4)
Clerk Shall
			 Record Final Ballot Box Register Number in Election Record
.
(5)
Number of Voters
			 Should Equal the Total of the Votes
. The total number of voters
			 checked in on the voting list should equal the sum of the number of votes
			 recorded on the final ballot box register.
(6)
Seal Checked Voting Lists in
			 Envelope
. After tallying the voting lists an election officer
			 shall place the tallied voting lists in the envelope provided for that purpose.
			 Election officers shall seal the envelope. The warden and clerk shall sign the
			 certificate. This envelope shall be kept separate.
(7)
Print Results and Record them
			 on Tally Sheets
.
(a)
Print Results
. The election officer shall cause the
			 vote tabulator to print the results of the election and shall remove the
			 results paper tape from the vote tabulator and give it to the clerk.
(b)
Read Results Out
			 Loud
. One election officer shall read the results paper tape out
			 loud. The officer shall read the name of each candidate, the number of each
			 question, the number of votes recorded, and the number of overvotes and
			 undervotes/or blanks for each office.
(c)
Record Numbers on Total Tally
			 Sheet
. As each number of votes is read aloud, it shall be recorded
			 on the total tally sheet by an election officer of a different political party
			 than the reader.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 55.00 - Certification Of Nomination Papers And Petitions › Section 55.01 - Purpose

Current through Register 1525, July 5, 2024
950 CMR 55.00 governs the
				certification, by boards of registrars of voters, of voters' names on all
				nomination papers and petitions for ballot questions and recounts, under the
				authority of M.G.L. c. 53, § 7.
				950 CMR 55.00 shall be
				interpreted to achieve and maintain accuracy, uniformity, and security from
				forgery and fraud in the procedures of local registrars of voters, and to
				promote the right of eligible voters to sign such papers and
				petitions.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 55.00 - Certification Of Nomination Papers And Petitions › Section 55.02 - Required Actions by Registrars

Current through Register 1525, July 5, 2024
(1) When nomination
			 papers and petitions are submitted for certification, registrars shall mark
			 each page with the date and time of submission. They shall provide to the
			 person submitting the nomination papers or petitions a receipt showing the
			 number of pages submitted. They shall certify nomination papers and petitions
			 in the order they were submitted.
(2) Registrars shall place a check mark (v)
			 in the left column of the nomination paper or petition next to each name they
			 certify. They shall place the proper capital letter symbol, [N,S,D,R,E,W,T, as
			 indicated in
			 950 CMR 55.03(1)
			  ] next to each name they do not
			 certify.
(3) For the purpose of
			 checking whether a voter is registered as of the date of certification under
			 950 CMR 55.03(1)
			 (a), registrars shall consult their records
			 of recent voter registrations since the closing date of the voting list being
			 used for certification.
(4)
			 Registrars shall keep the following records and enter such records into the
			 Central Voter Registry:
(a) which nomination
			 papers and petitions each voter signs;
(b) the voters who have signed a state
			 initiative petition for a law, to check against the additional signers in the
			 following summer; and
(c) the total
			 number of names that they certify on each candidate's nomination paper and on
			 each petition.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 55.00 - Certification Of Nomination Papers And Petitions › Section 55.03 - Standards

Current through Register 1525, July 5, 2024
(1) The registrars shall certify a voter's
			 name signed on a nomination paper or petition unless:
(a) The name is not that of a registered
			 voter at that address or the address is illegible (N).
(b) The name is not signed substantially as
			 registered-the registrars cannot identify the signature as that of a voter
			 because of form of signature (S).
(c) The name is illegible (S).
(d) The voter is enrolled in the wrong party
			 (for primary nomination papers or recount petitions) (D or R). For primary
			 nomination papers, the voter must be either enrolled in the proper party or
			 unenrolled (independent) at the time of certification. For primary recount
			 petitions, the voter must be enrolled in the proper party as of the last day to
			 register before the primary (use E if the voter, although not enrolled in the
			 other party, does not meet this requirement).
(e) The voter is registered in the wrong
			 voting district or a different city or town (W); or
(f) The voter's name was already certified on
			 the same candidate's nomination paper, or the same petition (including the
			 earlier stage of a state initiative petition) (T).
(g) the name is that of an inactive voter
			 whose address is different than the address where he or she is listed as
			 inactive.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 55.00 - Certification Of Nomination Papers And Petitions › Section 55.04 - Return of Certified Nomination Papers and Petitions

Current through Register 1525, July 5, 2024
Registrars shall return certified nomination papers for state
				office and petitions for state ballot questions and statewide or district-wide
				recounts only to persons who present acceptable identification and who sign
				their names and addresses on the registrars' records. Acceptable identification
				includes:
(1) the receipt issued by
			 the registrars at the time of submission under
			 950 CMR
			 55.02(1).
(2) written authorization signed by, or on
			 the printed letterhead of, the candidate, or the organization sponsoring the
			 petition.
(3) telephone
			 authorization by the candidate's or organization's headquarters.
(4) personal recognition by the
			 registrars.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 56.00 - Administrative Proceedings Concerning Practices Of Local Election Officials › Section 56.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 950 CMR 56.00 provides
			 procedures for the Secretary to decide whether a pattern of conduct or a
			 standard, practice or procedure of a local official is contrary to the election
			 laws, under M.G.L. c. 56, § 60 and further provides an administrative
			 complaint procedure in accordance with the requirements of Section 402 the Help
			 America Vote Act of 2002. These provisions shall be construed to promote the
			 fundamental right to vote and the uniform application of the election laws
			 throughout the Commonwealth.
(2)
Definitions
. As used in
			 950 CMR 56.00:
Election Laws
(as used in
				950 CMR 56.00) and
Genera
l or
Special Law
concerning administration of elections" (as used in M.G.L. c. 56, § 60)
				include any provision of M.G.L. chs. 50 through 54, or of any other general or
				special law, including the provisions of the Help America Vote Act of 2002,
				42
				USC 15301, constitutional provision, or home
				rule charter concerning administration of elections, or of any regulation
				adopted under authority of any of the preceding provisions, or of any judicial
				or administrative decision interpreting any of the preceding provisions.
HAVA
means the relevant provisions of
				the Help America Vote Act of 2002,
				42
				USC 15301,
et seq
.
Local Official
includes one or more of
				a city or town clerk, election commission, board of registrars of voters, or
				any other municipal or district officer upon whom a duty is imposed by the
				election laws.
Secretary
means the state secretary,
				or the state secretary's chief legal counsel or another attorney designated to
				act on the state secretary's behalf.
Urgent Circumstances
shall be
				determined by the Secretary and include, but are not limited to, the time
				period on or near the day of a primary, caucus, or election, or of a deadline
				for voter registration or for filing or submitting any relevant document under
				the election laws.
(3)
Amendment
.
			 950 CMR 56.00 may be amended
			 at any time in the manner provided by law. Any interested person may petition
			 the Secretary requesting the adoption, amendment, or repeal of any regulation,
			 under M.G.L. c. 30A, § 4. This petition shall be considered by the
			 Secretary within 30 days after filing.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 56.00 - Administrative Proceedings Concerning Practices Of Local Election Officials › Section 56.02 - Complaint

Current through Register 1525, July 5, 2024
Any person may complain to the Secretary that a pattern of
				conduct, or a standard, practice or procedure, of a local election official is
				contrary to the election laws. Additionally, a person may complain to the
				Secretary, in accordance with the provisions of Section 402 of HAVA, that Title
				III has been violated, is being violated or is about to be violated.
(1) Complaints need not use the language or
			 refer to the relevant provision of the election laws, nor M.G.L. c. 56, §
			 60, nor
			 950 CMR 56.00. The complaint
			 shall be in writing, except in urgent circumstances. The Secretary's office may
			 initiate a complaint.
(2)
			 Complaints filed in accordance with Section 402 of HAVA, must be in writing and
			 notarized.
(3) Any complaints must
			 be made to: Elections Division
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1705
Boston, MA 02108
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 56.00 - Administrative Proceedings Concerning Practices Of Local Election Officials › Section 56.03 - Investigation; Consultation; Report

Current through Register 1525, July 5, 2024
(1) The
			 Secretary shall assign any complaint to an investigator, who shall be an
			 employee of the Secretary's Elections Division
(2) The investigator shall investigate the
			 complaint's allegations under the supervision of the Secretary or his designee
			 and with the assistance of other employees of the Secretary's Elections
			 Division.
(3) The investigator
			 shall consult with the local election official complained of, by informing the
			 local election official of the substance of the complaint and requesting a
			 response.
(4) The investigator,
			 after review by the Secretary or his designee, may decide that the complaint is
			 without basis, is outside the Secretary's jurisdiction, or fails to state a
			 claim upon which relief can be granted, and shall so inform the local election
			 official and the complainant in writing.
(5) The investigator shall then prepare a
			 report, including the results of this consultation, and shall present this
			 report to the Secretary.
(6) The
			 report may recommend an informal resolution or the text of an order. Except in
			 urgent circumstances, the report shall be in writing and shall be sent to the
			 local official and to the complainant, who may file their written comments on
			 it with the Secretary within ten days after the report was sent.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 56.00 - Administrative Proceedings Concerning Practices Of Local Election Officials › Section 56.04 - Decision

Current through Register 1525, July 5, 2024
(1) After reviewing the report and any
			 written comments, the Secretary may render a decision which may incorporate the
			 report in whole or in part. The Secretary may hold an informal conference
			 before rendering a decision
(2)
			 Before a decision is rendered, hearings may be held. The parties shall include
			 the local official, the Secretary's investigator, and any complainant who
			 wishes to participate.
(a) After reviewing
			 the report and any written comments, and before rendering a decision, the
			 Secretary may initiate an adjudicatory proceeding by issuing an order to show
			 cause to the local election official under
			 801 CMR
			 1.01(6)(d).
1. The decision whether or not to hold an
			 adjudicatory hearing shall be in the Secretary's unreviewable
			 discretion
2. An adjudicatory
			 hearing shall be before the Secretary and shall be governed by
			 801 CMR 1.01, except
			 as the Secretary may modify these rules because of time restraints.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 56.00 - Administrative Proceedings Concerning Practices Of Local Election Officials › Section 56.05 - Enforcement

Current through Register 1525, July 5, 2024
The Secretary may notify the Attorney General of any local
				official's failure to obey an order. The Attorney General may enforce the order
				by civil action.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.01 - Purpose

Current through Register 1525, July 5, 2024
950 CMR
				57.00 implements the federal National Voter
				Registration Act, (NVRA) 52
				U.S.C. §§
									20501
et
				seq
., and M.G.L. c. 51, which includes Automatic Voter Registration
				(AVR) as set forth in M.G.L. c. 51, § 42G½. It applies to voter
				registration for all federal, state, and municipal elections. The purposes of
				these statutes and of
				950 CMR
				57.00 is to increase the number of eligible citizens
				who register to vote; to protect the integrity of the electoral process; and to
				ensure that accurate and current voter registration lists are
				maintained.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.03 - Local Implementation and Agency Coordinators Relative to the NVRA

Current through Register 1525, July 5, 2024
(1)
Designation of
			 Coordinators
. Each city or town clerk shall designate a person as
			 the local NVRA implementation coordinator who shall be a person in the clerk's
			 office responsible for voter registration. Each city or town clerk shall
			 provide the Secretary with the name, address, telephone number and e-mail
			 address of the person so designated. The city or town clerk may designate
			 themself for this purpose. If the designated local NVRA implementation
			 coordinator position becomes vacant, the city or town clerk shall designate a
			 new NVRA coordinator within 15 business days.
Each voter registration agency shall designate an NVRA
				coordinator who shall be a person in the agency who is responsible for voter
				registration. Each voter registration agency shall provide the Secretary with
				the name, address, telephone number and e-mail address of the person so
				designated. If the designated NVRA coordinator position becomes vacant, the
				voter registration agency shall designate a new NVRA coordinator in writing
				within 15 business days.
(2)
			 The local implementation and agency coordinators shall be responsible for
			 maintaining sufficient supplies of voter registration materials and providing
			 information relative to the implementation of the NVRA to any person in their
			 Offices about their responsibilities under the NVRA.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.04 - Voter Registration by Mail

Current through Register 1525, July 5, 2024
The provisions of
				970
				CMR 57.04 shall apply to Massachusetts
				Mail-in affidavits, the National Voter Registration Form prepared by the
				Election Assistance Commission and Mail-in agency forms.
(1)
Availability of Mail-in
			 Forms
.
(a) The Secretary shall
			 prepare blank mail-in affidavits of voter registration and shall supply such
			 mail-in affidavits to all city and town clerks as the Secretary deems
			 necessary. Mail-in affidavits of voter registration shall be available in
			 English and Spanish and such other languages as the Secretary deems
			 necessary.
(b) The Secretary shall,
			 upon request, provide mail-in affidavits of voter registration in quantities he
			 deems sufficient, to nongovernmental and private entities free of
			 charge.
(c) Only mail-in affidavits
			 of voter registration prepared by or with the approval of the Secretary
			 pursuant to
			 950
			 CMR 57.04(1)(d)  shall be
			 used for any voter registration.
(d) The Secretary shall publish on the
			 internet, in a manner accessible to the public, an affidavit of voter
			 registration in a printable electronic document format. This document shall be
			 a valid affidavit of voter registration under M.G.L. c. 51. The Secretary shall
			 post the electronic document in every language provided for in M.G.L. c. 51,
			 § 36. The electronic affidavit of voter registration shall give applicants
			 the option to enter data directly into the form prior to printing out the
			 affidavit or to print a blank form and manually enter information. The
			 applicant shall personally sign and mail, or deliver personally, or deliver by
			 an authorized person the completed affidavit of voter registration form to the
			 appropriate city elections department or town clerk's office.
(e) National Voter Registration Forms as
			 prescribed by the Election Assistance Commission shall be accepted for purposes
			 of registering to vote in Massachusetts. A National Voter Registration Form
			 shall be accepted on regular paper, provided, however, that the form itself is
			 identical to that as prescribed by the Election Assistance Commission. No
			 National Voter Registration form shall be accepted if it contains any
			 additional verbiage or graphics other than those contained on the official form
			 such as commercial logos, organizational or contact information.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.05 - Voter Registration at Registration Agencies under the NVRA

Current through Register 1525, July 5, 2024
950 CMR
				57.00 applies to city and town clerk's offices,
				military recruitment offices, those state agencies that provide public
				assistance or assistance to people with disabilities and offices that provide
				state funded programs primarily engaged in providing services to people with
				disabilities in accordance with the NVRA.
(1)
Agency
			 Assistance
.
(a) At each voter
			 registration agency, a form shall be distributed, as prescribed in
			 52 U.S.C.
			 205065(a)(6)(B), with each
			 application for service or assistance, and with each recertification, renewal,
			 or change of address form relating to such service or assistance. This form
			 shall be called a voter preference form or a declination form.
(b) During an in person transaction, if the
			 applicant declines to register to vote, the voter preference form shall be
			 signed by the applicant, and retained by the registration agency.
(c) If the applicant chooses to register to
			 vote, the voter preference form shall be signed by the applicant, and retained
			 by the agency. The applicant shall then be provided with an affidavit of voter
			 registration.
(d) If the applicant
			 declines to sign the voter preference form during an in person transaction,
			 they must be provided with a mail-in agency voter registration form.
(e) Each voter registration agency shall
			 provide the applicant with the same level of assistance in filling out the
			 voter registration form as is provided by the agency in completing its own
			 form, unless the applicant refuses such assistance.
(f) Each voter registration agency must
			 accept the completed affidavit of voter registration for transmittal pursuant
			 to 950 CMR
			 57.05(3).
(g) When a voter registration agency
			 distributes its application for service, recertification, renewal, or change of
			 address form by mail, it shall include in such mailing a mail-in agency voter
			 registration form, supplied by the Secretary.