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 52.04 - After the Polls Close

Current through Register 1525, July 5, 2024
(1)
Votes Counted Continuously
. The counting of votes
			 takes place in the polling place. The counting 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 handle ballots. All ballots cast
			 must be kept in full view of the public while the counting is going on and
			 until they are sealed in the box provided.
(3)
The Clerk Shall Record the
			 Final Ballot Box Register Number in the Election Record
.
(4)
Take Count of Voters on Both
			 Voting Lists
. The election officers in charge of each of the two
			 voting lists shall count audibly and distinctly the number of names checked and
			 shall announce the total number. The clerk shall record the numbers in the
			 election record.
(5)
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. The election officer shall seal the
			 envelope. The warden and clerk shall sign the certificate. This envelope shall
			 be kept separate.
(5A)
Escrow ballot envelope
. Two election officers shall
			 count the number of escrow ballots contained in the escrow ballot envelope, and
			 write this number on the outside of the envelope. They shall not count the
			 votes on any escrow ballots. They shall then seal the escrow ballot
			 envelope.
(6)
Open
			 Ballot Box and Remove Ballots
. The warden shall unlock the ballot
			 box with a key received from the police officer. The warden shall remove all
			 cast ballots in the presence of other election officers.
(7)
Election Officers Shall
			 Separate the Ballots into Convenient Blocks
. In a primary,
			 election officers shall first divide the ballots by party, and then shall
			 separate each party's ballots into convenient blocks, as designated by the city
			 or town clerk. They shall not open the ballots while separating them.
(8)
Count by Teams
.
			 Two tellers of different parties shall make a team; both shall view each
			 ballot. One person shall read the vote, and the other shall record the tally.
			 Only the teller actually marking the tally sheet shall have any marking device
			 which must be a red pencil or red pen.
(9)
Blocks of
			 Ballots
. Each team shall receive a block of ballots, the
			 corresponding block tally sheet, and a long manila envelope. The block tally
			 sheet and the envelope shall have a block number, and D or R on the front if it
			 is a primary.
(10)
One
			 Teller Reads Ballots Aloud
. Tellers shall count each ballot in its
			 entirety before proceeding to the next ballot. They shall begin with the office
			 at the top of the ballot, reading aloud the names of the candidates selected by
			 the voter. They shall continue reading each office aloud in turn. They shall
			 count all offices on one ballot, and then proceed to the next. They shall keep
			 the ballots in the order counted.
(11)
Acceptable Method of
			 Recording Votes
. Tellers shall use red pencil or red pen. A teller
			 shall read ballot #1 and a marker shall record all votes for selected
			 candidates or blanks in column #1. A teller shall read ballot #2 and a marker
			 record the vote in first vacant consecutive space on the tally sheet for that
			 candidate. Counting shall continue one ballot at a time working to the right
			 using consecutive boxes as selected candidates are called until the entire
			 stack of ballots is completely tallied.
(12)
Alternate Method of
			 Recording Votes
. Tellers shall use red pencil or red pen. A teller
			 shall record votes in the space corresponding to the order in which the ballot
			 appears in the block. A teller shall read ballot #1 and a marker shall record
			 all votes for selected candidates or blanks in column #1. Teller shall read
			 ballot #2 and a marker shall record all votes for selected candidates or blanks
			 in column #2. Counting shall continue one ballot at a time working to the right
			 using the box corresponding to the order of the ballot within the
			 block.
(13)
Tally Blank
			 Votes
. If a voter does not cast a vote for a candidate, that vote
			 for that office is tallied as a blank. If there is more than one position to be
			 filled, there must be a vote tallied for a candidate or for a blank so that the
			 total tally for that office shall equal the number of positions to be filled.
			 If a vote for an office is spoiled or defective, it also shall be tallied as a
			 blank. Each vote shall be recorded either in a candidate space or in a space
			 for blanks on the tally sheet.
(14)
Total the Tally Marks for Each Office
. The tellers
			 shall record the total number of tally marks in each line for each candidate
			 for each office. They shall total all candidates' votes and blank votes in each
			 office. For example, if one person is to be elected, the sum of the votes for
			 the candidates plus the blanks should equal 50 when counting a block of 50
			 ballots. If two persons are to be elected to an office then all the votes plus
			 the blanks should equal 100 in blocks of 50 ballots. The last block counted may
			 be incomplete and so may contain fewer votes.
(15)
Tellers Sign
			 Blocks
. After completing and agreeing to the totals, both tellers
			 shall sign their block tally sheet and block envelope. They shall place the
			 ballots and the tally sheet in the manila ballot envelope and shall return it
			 to the clerk.
(16)
Count All Valid Ballots
. All ballots shall be counted
			 accurately as marked. A ballot may not be rejected for any technical error if
			 it is possible to determine the voter's choice. All votes should be counted for
			 the persons for whom they were intended, so far as the intent can be clearly
			 ascertained from the ballots themselves.
(17)
Invalidating
			 Marks
. Election officers shall not count a ballot containing any
			 mark clearly designed to let election officers know that a certain person voted
			 in a certain way. If a voter writes his name or marks his ballot with the
			 letters of his name, these are distinguishing marks which identify a voter. In
			 that case, the tellers shall count a blank vote for every office and question
			 on such a ballot.
(18)
Over-Voted Offices
. No votes shall be counted for an
			 office if a voter marks more candidates than are to be elected. An over-vote
			 shall be tallied as a blank vote, but the remaining valid votes for other
			 offices on the ballot shall be counted.
(19)
Write Ins
. A
			 write-in or sticker vote shall be counted whenever the intent of the voter can
			 reasonably be determined, whether or not the voter has omitted the address or
			 has made a mistake in the name or address of the candidate. The voter is not
			 required to mark an "X" beside the name. At a presidential primary, a vote both
			 for "no preference" and for a write-in or sticker candidate for president shall
			 be counted as a vote for that write-in or sticker candidate.
(20)
Completing the
			 Tallies
. The clerk and warden shall have the results of each block
			 of ballots entered on the total tally sheet.
(21)
Add Total Tally
			 Sheet
. The clerk and warden shall have the columns on the total
			 tally sheet added to ascertain each candidate's total vote.
(22)
Warden and Clerk Sign Total
			 Tally Sheet
. After the total tally sheet is correct, the warden
			 and clerk shall write the date, ward and precinct and city or town on the tally
			 sheet.
(23)
Clerk Shall
			 Complete Election Record
.
(24)
Announce Final
			 Returns
. Officials shall wait until tally sheets balance before
			 announcing any vote totals. The warden or the clerk shall announce the final
			 returns.
(24A)
Reporting Results to Central Reporting Service
. The
			 clerk may report by telephone the results of final precinct tallies for any
			 presidential preference primary, state primary or general election to a central
			 media reporting service in consideration for a contribution, in an amount
			 approved by the state secretary, to the respective state-wide municipal clerks
			 association to be used for continuing education programs for municipal
			 clerks.
(25)
Count
			 Spoiled Ballots
. The number of ballots spoiled by voters and
			 returned during the day shall be noted in the clerk's Election
			 Record.
(26)
Count
			 Unused Ballots
. Election officers shall count all unused ballots.
			 The clerk shall note in the Election Record the number and party of unused
			 ballots.
(27)
Spoiled
			 and Unused Ballots
. Election officers shall place the spoiled and
			 unused ballots in the container provided under seal.
(28)
Gather All Counted
			 Ballots
. Election officers shall put all cast ballots in their
			 block envelopes. They shall place all block envelopes in the containers
			 provided for the cast ballots.
(29)
Seal Container
. The warden shall seal the container
			 with the seal provided and shall attach the proper tag for cast ballots only.
			 In addition, an election officer may affix a private seal.
(30)
Sign Cast Ballot
			 Container
. The warden and clerk shall sign the container and shall
			 enter the election and the date. They also shall fill out and sign a
			 certificate stating that all ballots cast are contained therein.
(31)
Total Tally
			 Sheets
. The warden and clerk shall place the total tally sheet in
			 an envelope, seal it and sign the outside of the envelope. This envelope shall
			 be kept separate.
(32)
Return All Election Materials
. The election officers
			 shall have all election materials returned to the city or town clerk, as
			 follows:
(a) the counted ballots and the
			 spoiled and unused ballots sealed in the proper containers;
(b) the marked voting lists and the total
			 tally sheet and the escrow ballots, in separate envelopes;
(c) all other election supplies.
The election officers shall not throw anything
				away.