Bill H.587

HOUSE DOCKET, NO. 884 FILED ON: 1/13/2009

HOUSE . . . . . . . . . . . . . . . No. 587

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act requiring photo identification for voting..

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 76 of chapter 54 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended, by striking out, in line 2, the words “and, if requested,” and inserting in place thereof the following:-- , valid photo identification issued by the commonwealth of Massachusetts or the government of the United States, as defined in section 76B, and

SECTION 2. Chapter 54 of the General Laws, as so appearing, is hereby amended, by striking out section 76B in its entirety and inserting in place thereof the following section:--

Section 76B. (a) For the purposes of this chapter, “valid photo identification” shall mean a document that:

shows the name of the individual to whom the document was issued, and the name conforms to the name of the individual’s voter registration record;

shows a photograph of the individual to whom the document was issued;

includes an expiration date, and the document is not expired or expired after the date of the most recent general election; and

was issued by the commonwealth of Massachusetts or the government of the UnitedStates.

(b) (1) A person seeking to vote that does not provide sufficient valid photo identification as defined in subsection (a) of this section may be challenged under section 85 of this chapter.

(2) A person seeking to vote that does not provide valid photo identification as defined under subsection (a) of this section may cast a provisional ballot under section 76C.

(1) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sections 1973ff-1 et seq.;

(2) is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. section 1973ee-1(b)(2); or

(3) is otherwise entitled by federal law to vote otherwise than in person.

SECTION 3: Section 76C of Chapter 54 of the General Laws, as so appearing, is hereby amended, by adding after subsection (k) the following new subsection:--

(l) A voter who fails to provide valid photo identification as defined under section 76B and casts a provisional ballot shall be required to provide such identification in person to the city or town clerk, or elections board or commission, of the municipality in which they reside, within 8 business days from the date of the election in which the provisional ballot was cast. A voter who fails to provide such identification in the time specified shall forfeit that vote, and that provisional ballot shall be discarded.

SECTION 4: Section 92 of chapter 54 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended, by adding in line 5, after the words “eighty-seven,” the following words:-- as well as enclosing in the same envelope a copy of a valid photo identification as defined in section 76B of this chapter,