Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 55 of chapter 31 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Written objections to the validity or sufficiency of any petition which has been filed with the city or town clerk under the provisions of the preceding paragraph or of the signatures on such petition may be filed with the city or town clerk not later than forty-eight hours after the last day prior to said election when such petition may be filed under section fifty-four, and such objections shall be considered by the appropriate board referred to in section seven of chapter fifty-five B. In the consideration of objections under this section such board shall have and exercise all the powers given to it by any provision of law relative to objections to nominations. The notice provided by said section seven shall be sent to the persons filing the petition and to each officer affected thereby. Said board shall make its decision within four days after the expiration of the time for filing such objections and forthwith give notice thereof to the city or town clerk.

SECTION 2. Chapter 43 of the General Laws is hereby amended by striking out section 39, as so appearing, and inserting in place thereof the following section:-

Section 39. If any initiative petition is signed by registered voters equal in number to at least fifteen per cent of the whole number of registered voters:

(1) the city council or the school committee shall, within twenty days after the date of the certificate of the registrars to that effect, pass said measure without alteration, subject to the referendum vote provided by this chapter, or

(2) the city clerk shall call a special election to be held on a Tuesday fixed by said clerk not less than thirty nor more than forty-five days after the date of the certificate hereinbefore mentioned, and shall submit the proposed measure without alteration to a vote of the registered voters of the city at that election; provided, however, that if any city election is otherwise to occur within ninety days after the date of said certificate, the city clerk may, at his discretion, omit calling the special election and submit the proposed measure to the voters at such approaching election.

SECTION 3. Section 40 of said chapter 43, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If an initiative petition is signed by registered voters equal in number to at least eight per cent but less than fifteen per cent of the total number of registered voters, and said measure be not passed without alteration within twenty days by the city council or the school committee, as provided in the preceding section, such proposed measure, without alteration, shall be submitted by the city clerk to a vote of the registered voters of the city at the next regular municipal election.

SECTION 4. Section 42 of said chapter 43, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

If, within twenty days after the final passage of any measure, except a revenue loan order, by the city council or by the school committee, a petition signed by registered voters of the city, equal in number to at least twelve per cent of the total number of registered voters, and addressed to the city council or to the school committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the city clerk, the same shall thereupon and thereby be suspended from taking effect; and the city council or the school committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded, the city clerk shall submit the same, by the method herein provided, to a vote of the registered voters of the city, either at the next regular city election, or at a special election which the city council may, in its discretion, call for the purpose, and such measure or part thereof shall forthwith become null and void unless a majority of the registered voters voting on the same at such election vote in favor thereof.

SECTION 5. Section 2 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "by decree of court or as a result of marriage".

SECTION 6. Section 37 of said chapter 51, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The registrars, as soon as they have prepared the lists required by section four, shall prepare an annual register containing the names of all qualified voters in their city or town for the current year, beginning with January first.

SECTION 7. Section 40 of said chapter 51, as so appearing, is hereby amended by striking out the second sentence.

SECTION 8. Section 42C of said chapter 51, as so appearing, is hereby amended by adding the following sentence:- The registrars shall hold the registration session before the end of the school year, and before the last day for registration under section twenty-six for the next primary, election, or town meeting if the registrars receive the petition not less than forty days before the primary, election, or town meeting.

SECTION 9. Said chapter 51 is hereby further amended by striking out section 50, as so appearing, and inserting in place thereof the following section:-

Section 50. Any legal resident of the commonwealth who was included in the definition of "Specially qualified voter" in section one hundred and three B of chapter fifty-four throughout the seven days immediately preceding the final time for registration under section twenty-six may appear before a registrar or assistant registrar of voters of the city or town of his legal residence, during regular business hours of any day following the final day for registration before a primary or election, as fixed by section twenty-six, and, in accordance with this chapter, register as a voter, provided he so appears prior to four o'clock post meridian on the day preceding a primary, preliminary election or election.

SECTION 10. Section 51 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "Federal Service Personnel'" and inserting in place thereof the words:- Specially Qualified Voter".

SECTION 11. Section 61 of said chapter 51, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

They shall forthwith, after the final day for registration before a biennial state or regular city or town election, certify to the state secretary the number of registered voters in the city or town, and in each ward and precinct therein.

SECTION 12. Section 1 of chapter 52 of the General Laws, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- Each political party shall, in the manner herein provided, elect a state committee from among its members who either have enrolled on or before the ninetieth day prior to the last day for filing nomination papers for state committees with the state secretary, or are newly registered voters in their city or town enrolled in that political party and have not been enrolled in another political party during the year preceding such last day for filing nomination papers. Each state committee shall consist of one man and one woman from each senatorial district, who shall be residents thereof, to be elected at the presidential primaries by plurality vote of the members of the party in the district, and such number of members as may be appointed by the state committee as hereinafter provided.

SECTION 13. Section 2 of said chapter 52, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Each political party shall, in every ward and town, elect at the presidential primaries a ward or town committee from among the members of the party who either have enrolled on or before the ninetieth day prior to the last day for filing nomination papers for such committees with the state secretary, or are newly registered voters in their city or town enrolled in that political party and have not been enrolled in another political party during the year preceding such last day for filing nomination papers.

SECTION 14. The fourth paragraph of section 7 of chapter 53 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Every initiative, referendum or other ballot question petition paper, except an application for a public policy question under sections nineteen to twenty-two, inclusive, shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian of the fourteenth day preceding the day on which it must be filed with the state secretary; and certification of such papers shall be completed no later than the second day before the final day for filing said papers with the state secretary.

SECTION 15. The seventh paragraph of said section 7 of said chapter 53, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The provisions of this section shall apply in all cases where any statute, special act, or home rule charter requires the certification of the signature of a voter by boards of registrars of voters.

SECTION 16. Section 7A of said chapter 53, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Except where otherwise provided by law, every nomination petition or other like paper of a candidate for a city office in a city wherein preliminary elections for the nomination of candidates for such office are held shall be submitted, on or before five o'clock in the afternoon of the fourteenth day preceding the day on which it must be filed, to the registrars of the city.

SECTION 17. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- All certificates of nomination and nomination papers shall, in addition to the names of the candidates, specify as to each, (1) his residence, with street and number, if any, (2) the office for which he is nominated, and (3) except as otherwise provided in this section and except for city and town elections which are not preceded by primaries or political party caucuses, the political designation, if any, which he represents, expressed in not more than three words.

SECTION 18. Section 10 of said chapter 53, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Any incumbent town meeting member may become a candidate for election by giving written notice thereof to the town clerk not later than twenty-one days prior to the last day and hour for filing nomination papers notwithstanding any contrary provision in any special law.

SECTION 19. Section 13 of said chapter 53, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following two sentences:- A person nominated at a city or town preliminary election may withdraw his name from nomination in the same manner, within six days succeeding five o'clock in the afternoon of the day of holding such preliminary election. Unless otherwise provided by the city or town charter, such nominee shall be replaced by the candidate with the next highest number of votes in said preliminary, if such candidate receives a number of votes at least equal to the number of signatures required by law to place his name on the preliminary election ballot.

SECTION 20. Section 22A of said chapter 53, as so appearing, is hereby amended by adding the following sentence:- Certificates showing that each of the ten original signers is a registered voter at the stated address, signed by a majority of the registrars of voters, shall accompany an original initiative or referendum petition.

SECTION 21. Section forty-eight A of said chapter fifty-three is hereby repealed.

SECTION 22. Section 61 of said chapter 53, as appearing in the 1984 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Every such nomination paper shall be submitted at or before five o'clock in the afternoon of the fourteenth day preceding the day on which it must be filed to the registrars of the city or town where the signers appear to be voters, and the registrars shall check each name to be certified by them on the nomination paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city or town and in the district for which the nomination is made and only names so checked shall be deemed to be names of qualified voters for the purposes of nomination.

SECTION 23. The second paragraph of section 31 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- He shall send to the election officers before the polls are opened on election day blank forms and other necessary supplies, including voters' authority certificates, not less than one for each registered voter, in a form approved by the state secretary.

SECTION 24. Section 33E of said chapter 54, as so appearing, is hereby amended by striking out, in lines 37 and 38, the words "and make a cross in the square at the right".

SECTION 25. Said chapter 54 is hereby further amended by striking out section 40, as so appearing, and inserting in place thereof the following section:- Section 40. All ballots for use in elections of state officers shall be prepared and furnished by the state secretary, and all ballots for use in elections of city or town officers, by the city or town clerk. Ballots for use in an electronic voting system shall be in a form approved by the state secretary under sections thirty-two and thirty-seven.

SECTION 26. The third paragraph of section 41 of said chapter 54, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- To the name of each candidate for a state or city office, except for city elections which are not preceded by primaries, shall be added in the same space his party or political designation.

SECTION 27. Section 41A of said chapter 54, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The surnames of candidates for the offices of governor and lieutenant governor shall be placed upon the official ballot for use at state elections in groups, according to their political party or designation; except, in the case where two candidates have the same surname, then christian names and addresses as they appear on the voting list for each candidate, shall be placed on the ballot.

SECTION 28. Section 42 of said chapter 54, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following two paragraphs:-

Except as provided in section forty-one A, under the designation of the office, the names of the candidates for re-election to any office to be filled at a state election of which they are the elected incumbents shall be placed first on the ballot in alphabetical order according to their surnames; next and in like order the names of candidates of political parties, as defined in chapter fifty, and the names of all other candidates shall follow in like order.

Under the designation of the office, the names of candidates for each municipal elective office shall, except as city charters otherwise provide, be arranged alphabetically according to their surnames, except that names of candidates for re-election to any such office of which they are the elected incumbents or the incumbents chosen by vote of the board of aldermen or city council in a city, or the incumbents chosen by joint convention of the board of aldermen or city council and school committee, shall be placed first on the ballot in alphabetical order according to their surnames, next and in like order the names of candidates of political parties as defined in chapter fifty, and the names of all other candidates shall follow in like order. A candidate for election to the same office in a precinct, ward or district which contains any portion of the territory which he was elected to represent at the last preceding municipal election for that office shall be considered an elected incumbent within the meaning of this section. The names of candidates for different terms of service in the same office shall be arranged in groups according to the length of their respective terms, and the names of candidates nominated by single wards but to be voted for at large, shall be arranged in groups by wards in like order. In the case of representatives in congress, the designation may be "congressman". Blank spaces shall be left at the end of the list of candidates for each different office equal to the number to be elected thereto, in which the voter may insert the name and address of any person not printed on the ballot for whom he desires to vote for such office; provided, however, that a mistake in stating the address of such person shall not invalidate a vote if the address stated is sufficient to indicate the person for whom the vote was intended. If the approval of any question is submitted to the voters, it shall be printed on the ballot after the names of the candidates.

SECTION 29. Section 43A of said chapter 54, as so appearing, is hereby amended by striking out, in line 5, the words "as a group" and inserting in place thereof the following words:- , as a group at a state election.

SECTION 30. Said chapter 54 is hereby further amended by striking out section 79, as so appearing, and inserting in place thereof the following section:-

Section 79. A voter who states to the presiding officer that from blindness or other physical disability or inability to read or to read in the English language he is unable to prepare his ballot or register his vote upon a voting machine shall be assisted in such marking or registering by any person whom he may designate.

SECTION 31. Section 86 of said chapter 54, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any voter who during the hours that polling places are open on the day of a special state election or the biennial state election or of any special or regular state primary or of a presidential primary is absent from the city or town where he is a voter by reason of his employment in another community or for any other reason or who will be unable by reason of physical disability to cast his vote in person at the polling place or who for reasons of religious belief will be unable to cast his vote in person on the day of an election and whose application for an official absent voting ballot has been filed with the city or town clerk as provided in section eighty-nine, and certified under section ninety-one, may vote in accordance with sections eighty-seven to one hundred and three, inclusive; provided, however, that a voter who will be unable by reason of temporary physical disability to cast his vote in person at the polling place shall file with the city or town clerk an application attesting to that fact.

SECTION 32. Section 89 of said chapter 54, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- The blank form of application set forth in clause (b) of section eighty-seven, and the other papers described in clause (e) of said section eighty-seven, shall, as soon as they can be prepared, be delivered to any person who by mail or otherwise applies therefor to any city or town clerk. The official absent voting ballot and all other papers described in said section eighty-seven shall be mailed, postage prepaid, or, in case of voters who so signify, delivered, when called for, by city and town clerks to all voters who seasonably file with them the application set forth in said clause (b), after the same is certified by the registrars and returned to the clerk, as provided in section ninety-one.

SECTION 33. The second paragraph of section 92 of said chapter 54, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- Thereafter the voter shall enclose and seal the same in the envelope provided for by subsection (c) of section eighty-seven. He shall then execute before said official the necessary affidavit on said envelope and shall enclose and seal the envelope with the ballot in the envelope provided for in subsection (d) of said section eighty-seven, endorse thereon his name, address and voting place and hand the same to said clerk.

SECTION 34. Section 95 of said chapter 54, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "clause (c) of section eighty-seven, or in clause (b) or clause (c)" and inserting in place thereof the words:- subsection (c) of section eighty-seven or subsection (b) of section one hundred and three O.

SECTION 35. The second paragraph of said section 95 of said chapter 54, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Envelopes purporting to contain official absent voter ballots which are received on the day of the election, or in the case of ballots from outside the United States, after the day of a state election in accordance with section ninety-nine, shall be processed in the office of the registrars.

SECTION 36. Section 100 of said chapter 54, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- No ballot mailed or delivered under the provisions of sections eighty-six to one hundred and three, inclusive, 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.

SECTION 37. Section 102 of said chapter 54, as so appearing, is hereby amended by striking out, in line 3, the words ", subject to approval by the attorney general,",- and by striking out, in line 7, the words ", subject to like approval,".

SECTION 38. Section 103B of said chapter 54, as so appearing, is hereby amended by striking out the definition of "Federal service personnel".

SECTION 38A. Said section 103B of said chapter 54, as so appearing, is hereby amended by adding the following definition:-

"Specially qualified voter", those persons in the active service of the armed forces of the United States, and their spouses and dependents, who are absent from the city or town of their residence; persons in the merchant marine of the United States, and their spouses and dependents, who are absent from the city or town of their residence; citizens of the United States who are absent from the commonwealth; and persons confined in a correctional facility or jail; whose last domicile immediately prior to departure from the United States was, or whose present domicile is Massachusetts, and who are otherwise eligible to register as voters.

SECTION 39. Said chapter 54 is hereby further amended by striking out section 103C, as so appearing, and inserting in place thereof the following section:-

Section 103C. Any person who is included in the definition of "Specially qualified voter", as defined in section one hundred and three B, whether or not his name is included in the current annual register of voters of any city or town, or who may be determined to be qualified for voting therein in accordance with section one hundred and three J, may, if he meets the qualifications for an absent voter in section eighty-six, be furnished with an official absent voting ballot, prepared substantially in accordance with subsection (a) of section eighty-seven and section one hundred and three E, and may vote by means of such ballot at an election, provided, however, that an application therefor is filed with the clerk of the city or town of which he is such legal resident and the same is certified by the registrars of voters thereof, in the manner hereinafter provided.

SECTION 40. Section 103H of said chapter 54, as so appearing, is hereby amended by striking out the second, third, fourth, fifth, and sixth sentences and inserting in place thereof the following sentence:- He shall mark such ballot in the manner prescribed by section ninety-two, but a commissioned or warrant officer, noncommissioned officer not below the rank of sergeant or petty officer in the military or naval service of the United States, or a clerk of a court of record may perform the functions, if any, of the official authorized by law to administer oaths.

SECTION 41. Section 103J of said chapter 54, as so appearing, is hereby amended by striking out, in line 2, the words "'federal service personnel'" and inserting in place thereof the words:- "specially qualified voter".

SECTION 42. The fourth paragraph of said section 103J of said chapter 54, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The registrars shall cause a suitable index to be made containing the name of each person deemed to be qualified for voting under this section, and his place of legal residence, with the street and number of his address, if any, at the time of the making of such application.

SECTION 43. Section 103P of said chapter 54, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following two paragraphs:-

Notwithstanding the provisions of any general or special law to the contrary, the provisions of sections one hundred and three B to one hundred and three Q, inclusive, shall be operative for any regular annual or biennial city or town election in every city or town. The mayor and aldermen in cities or selectmen in towns may fix the day of holding preliminary elections or primaries in their cities and towns. Where the filing of nomination papers and certification of names thereon in cities and towns that have preliminary elections is based upon the day of the election, they may fix the time for filing nomination papers and for certification of the names thereon. Where nominations for election at a city or town election are made by nomination papers, or by caucuses or conventions, they may fix the last day for filing certificates of nomination and nomination papers. In any city or town where petitions to place questions on the official ballot are filed, they may also fix the last day for filing such petitions. All such petitions shall be submitted to the registrars of voters for certification of the names thereon on or before the fourteenth day preceding the day so fixed for filing.

In any city or town election wherein the voting list of the current year is not available for the purpose of certifying names, the voting list of the preceding year, as amended or revised from time to time, may be used therefor.

SECTION 44. Section 103Q of said chapter 54, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "federal service personnel" and inserting in place thereof the words:- specially qualified voters.

SECTION 45. Section 116 of said chapter 54, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- The governor shall issue certificates of election to such persons as appear to be chosen to the offices of senator in congress, representative in congress, clerk of the courts, register of probate, sheriff and district attorney, which shall be countersigned and transmitted by the state secretary. No certification shall be made or summons or certificate issued under this section until after five o'clock in the afternoon of the fifteenth day following a state election, or, in case a state-wide or district-wide recount is held in accordance with section one hundred and thirty-five, until the tabulation and determination under the preceding section have been revised in accordance with the results of such recount; provided, however, that such certification may be made or summons or certificate issued on or after the seventh day following a special state election, unless a candidate who received votes at that election files with the state secretary, not later than five o'clock in the afternoon of the sixth day following the election, a written statement of intention to seek a recount or otherwise to contest the election.

SECTION 46. Section 135 of said chapter 54, as so appearing, is hereby amended by striking out, in line 131, the word "in" and inserting in place thereof the words:- , and for presidential primaries except for ward and town committees, in.

SECTION 47. Section 26 of chapter 56 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This section shall apply to primaries, caucuses, elections and open town meetings.

SECTION 48. Section 150 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Persons authorized or directed by section four of chapter fifty-one or by any special law to make lists of residents three years of age or older shall make a list of all dogs owned by the inhabitants at the time of making lists required under such section and return the same in duplicate to the city or town clerk, or, in Boston, to the police commissioner on or before April first.