Whereas , The deferred operation of this act would tend to defeat its purpose, which is to allow prompt selection of voting equipment before the 2004 presidential primary, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Notwithstanding section 34 of chapter 54 of the General Laws or any other general or special law to the contrary, a city or town may, by vote of a majority of the city council or by vote of a majority of the board of selectmen, at a meeting held not later than 60 days prior to the 2004 presidential primary, determine upon the use of, and may lease, purchase, or lease with an option to purchase, the automatic tabulating equipment necessary to any electronic voting system approved for use.

SECTION 2. Thereafter, all such primaries, preliminary elections and elections held in the city or town, until otherwise ordered by vote of the city council in a city or of the selectmen in a town, the electronic voting system shall be used in those polling places designated by the city council or board of selectmen.

SECTION 3. Notice of determination to use an approved electronic voting system shall be sent to them state secretary by the city or town clerk within 5 days after such determination.