Bill H.4120 187th (2011 - 2012)

Amendment # 1

Representative Walsh of Boston moves to amend the bill in section xx by adding the following: 
Section 86 of Chapter 54 of the General Laws, as appearing in the 2010 Official Edition is hereby amended by inserting the following in line 8 after the word, “election,”
“, or who is employed by a city or town in the Commonwealth on the day of, and in the conduct of, any state primary, state election, preliminary city or town election,”

Amendment # 2

Mr. Walsh of Boston moves to amend the bill in section 5, by inserting after the word “number;”, in line 72, the following words:- “provided, no more than twenty per cent of precincts selected to be audited shall be located in the same city or town;”

Amendment # 3

Representative Parisella of Beverly moves to amend the bill by adding the following sections: 
Section xx: Section 91B of chapter 54 of the General Laws is hereby amended by striking subsection (a) and replacing with the following:
 (a)  Except as required by subsections (b), (c) and (d), the ballot and accompanying papers shall be mailed postage prepaid or, if the voter so requests, delivered when called for at the office of the clerk.  No ballot shall be mailed to a designated health care facility within the city or town where the voter is registered. 
Section xx: Section 91B of chapter 54 of the General Laws is hereby amended by inserting after subsection (C) the following subsection:
 (d) To any absent uniformed services voter or overseas voter as defined in the Uniformed and Overseas Citizens Absentee Voting Act (42 USC § 1973ff), the ballot and accompanying papers may be transmitted electronically by electronic mail or facsimile or other electronic means determined by the state secretary.  The absent uniformed services voter or overseas voter shall designate the means of communication for receiving voting materials, whether by way of the internet, fax transmittal or other electronic means or by mail, and the local election official  shall provide responses and materials in the format designated by the requesting voter. On receipt of an application, the local election official shall determine whether or not the applicant is qualified and if so, the clerk or other officer in charge of elections shall forward to the applicant a ballot and accompanying materials using the means of communication designated by the applicant pursuant to this section. If no means of communication is designated, the ballot shall be transmitted as provided in Section (a), provided however, that if the applicant has provided an electronic mail address, fax number or other electronic address, then the clerk shall communicate with the applicant that they are eligible to receive the ballot electronically.  For all requests received from absent uniformed services voters or overseas voters on or before the forty-eighth day before any federal election, the ballot shall be transmitted no later than the forty-fifth day before the applicable federal election.
Section xx: Section 92 of chapter 54 of the General Laws is hereby amended by inserting after subsection (C) the following subsection:
 (d) An absent uniformed services or overseas voter as defined in the Uniformed and Overseas Citizens Absentee Voting Act (42 USC § 1973ff) may return his ballot and accompanying materials to the local election official via electronic means regardless of how the ballot and materials were received by the voter.

Amendment # 4

Representative Turner of Dennis moves to amend House Bill 4120 by striking SECTION 3 and SECTION 4, respectively. 

Amendment # 5

Representative Turner of Dennis moves to amend House Bill 4120 by inserting in line 148 after the word “under” the following: “SECTION 1, SECTION 2, and”

Amendment #6

Representative Turner of Dennis moves to amend House Bill 4120 by inserting in line 156 at the end of SECTION 6 the following: “If funds are not available from the aforementioned sources or other sources, then no city or town shall be required to conduct such audits unless the legislature appropriates sufficient funds to conduct such audits.”

Amendment # 7

Representative O’Connell of Taunton moves to amend House Bill 4120 by adding the following new sections:-

“SECTION XX. Subsection (c) of section 76C of chapter 54 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 16:- “requested to present identification when completing a provisional ballot. Failure to present identification shall not prevent the voter from completing a provisional ballot.” and inserting in place thereof the following:— required to present valid photo identification when completing a provisional ballot. Failure to present identification either immediately or under the provisions of subsection (l) shall cause such provisional ballot to be discarded.

SECTION XX. Subsection (c) of section 76C of chapter 54 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following:—

“Valid photo identification” shall mean a document that:

(1) 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;

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

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

(4) was issued by the commonwealth of Massachusetts or the government of the United States.

(5) includes the individual’s current address within the district for which they are voting.

(2) (a) 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.

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

(1) A voter who fails to provide valid photo identification as defined under section 76C 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. “.

Amendment # 8

Representative O’Connell of Taunton moves to amend House Bill 4120 by adding the following new sections:-

“Section XX. Section 105 of chapter 54, as appearing in the 2010 Official Edition, is hereby amended, in line 30, by inserting after the words “seal up the same” the following:—

with a zip tie that has a unique serial number

Section XX. Section 107 of chapter 54, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following new language:—

Each candidate for public office may appoint one poll watcher to observe the sealing of the ballots after the polls have closed. Such supervision may not be precluded by any election officer. Upon completion of the sealing of the ballots, the Warden shall provide the serial number of the zip tie used to seal the ballots to any poll watcher upon request.”.

Amendment # 9

Ms. Peisch of Wellesley moves to amend House Bill No. 4120 by adding the following sections:-
SECTION XX. Section 76B of chapter 54 of the general laws, as appearing in the 2008 Official Edition, is hereby amended by striking subsection (b)(1) and inserting in its place the following:-

(b)(1) Subject to paragraph (3), a person asserting a right to vote in a primary, caucus, preliminary, or other election shall present identification under paragraph (2) if:

(a) the person registered to vote in the city or town by mail after January 1, 2003; and

(b) the person has not previously voted in a primary, caucus, preliminary, or other election in the commonwealth.

SECTION XX. This act shall take effect upon its passage.

Amendment # 10

Ms. Peisch of Wellesley moves to amend House Bill No. 4120 by adding the following sections:-
SECTION XX. Chapters 50 through 57 inclusive of the General Laws, as appearing in the 2008 Official Edition, are hereby amended by substituting the words “unaffiliated voter” for the phrase “unenrolled voter” wherever the phrase “unenrolled voter” appears.

SECTION XX. The phrase “unenrolled voter” shall be changed to “unaffiliated voter” wherever it appears in the regulations promulgated pursuant to Chapters 50 through 57 of the General Laws.

Amendment # 11

Ms. Peisch of Wellesley moves to amend House Bill No. 4120 by adding the following sections:-
SECTION XX. Section 89 of chapter 54 of the General Laws as appearing in the 2008 Official Edition is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

An application by a voter admitted to a health care facility or confined to a hospice or home health care may be received up until the time the polls close.

SECTION XX. Section 91B of chapter 54(b) of the Massachusetts General Laws as appearing in the 2000 Official Edition is hereby amended by inserting after the word “prepaid” in line 5 the word “forthwith”.

SECTION XX. Section 91B of chapter 54(c) of the Massachusetts General Laws as appearing in the 2000 Official Edition is hereby amended by striking out, in line 21, the words “after noon of the fifth day” and inserting in place thereof the following words:-

has been confined to a hospice program as defined in section 57D of chapter one hundred eleven, or has been receiving home health care.

SECTION XX.   Section 86 of Chapter 54, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-

Any voter employed by a city or town in the Commonwealth on the day of, and in the conduct of, any state primary, state election, preliminary city or town election, regular or special, 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.

Amendment # 12

Mr. Durant of Spencer moves to amend the bill (H. 4120) by striking, in line 15, the words "transmit or otherwise" and inserting in place thereof the following words: “or hand”; and further by striking, in line 17, the words "transmit or otherwise" and inserting in place thereof the following words: “or hand.”

Amendment # 13

Mr. Lewis of Winchester moves to amend the bill by adding at the end thereof the following sections:

SECTION X. Section 1 of chapter 55 of the General Laws, as appearing in the 2010 official edition, is hereby further amended by striking the words “and (7) internet or email communications” and inserting the following words and new subparagraph: -

(7) email communications; and (8) internet communications which are not paid advertisements.

SECTION X+1. Said section 1 of chapter 55 of the General Laws, as so appearing, is hereby further amended by inserting after the definition of “Electioneering communication” the following definition:-

“Electioneering communication expenditure”, any expenditure made, or liability incurred, by an individual, group, association, corporation, labor union or other entity as payment for an electioneering communication including any transfer money, or anything of value, to another individual, group, association, corporation, labor union or other entity for the purpose for the purpose of making an electioneering communication by the recipient or some other individual, group, association, corporation, labor union or other entity.

SECTION X+2. Said section 1 of chapter 55 of the General Laws, as so appearing, is hereby amended by deleting the definition of “Independent expenditure” and inserting in place thereof the following definition:-

"Independent expenditure", an expenditure made, or liability incurred, by an individual, group, association, corporation, labor union or other entity as payment for goods or services including any transfer money, or anything of value, to another individual, group, association, corporation, labor union or other entity expressly advocating the election or defeat of a clearly identified candidate which is made or incurred without cooperation or consultation with any candidate, or a nonelected political committee organized on behalf of a candidate, or any agent of a candidate and which is not made or incurred in concert with, or at the request or suggestion of, any candidate, or any nonelected political committee organized on behalf of a candidate or agent of such candidate.

SECTION X+3. Section 3 of said chapter 55 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The director shall adopt regulations regarding any electioneering communication expenditure or independent expenditure that involves any transfer money, or anything of value, from one individual, group, association, corporation, labor union or other entity to another individual, group, association, corporation, labor union or other entity for the purpose of making an electioneering expenditure or independent expenditure to ensure that the true origin of such expenditure is disclosed in the manner and on the schedule for reports of such expenditures provided for by this chapter.

SECTION X+4. Section 8 of said chapter 55 of the General Laws, as so appearing, is hereby amended by striking the words “Any corporation violating any provision of this section” and inserting therefore:-

Any such corporation violating any provision of this chapter

SECTION X+5. Chapter 55 of the General Laws, as so appearing, is hereby amended by adding the following section:-

55:8B. Electioneering communications, independent expenditures, etc., by corporations; construction.

Section 8B. Nothing in this chapter shall be construed as authorizing an electioneering communication, electioneering communication expenditure or an independent expenditure by a corporation, including any requirement to report such communication or expenditure, unless such communication or expenditure is expressly authorized by this chapter or protected by the Constitution of the United States or the Commonwealth.

SECTION X+6. Subsection (a) of section 18A of said chapter 55 of the General Laws, as so appearing, is hereby amended by striking out the words “or association” wherever they appear and inserting in place thereof the following words:- association, corporation, labor union, or other entity.

SECTION X+7. Subsection (b) of said section 18A of said chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the word “association” wherever they appear and inserting in place thereof the following words:- , corporation, labor union, other entity.

SECTION X+8. Subsection (c) of said section 18A of said chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the word “association” the following words:- , corporation, labor union, other entity.

SECTION X+9. Paragraph (7) of subsection (b) of section 18C of said chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the word “association” the following words:- , corporation, labor union, other entity.

SECTION X+10. Paragraph (9) of said subsection (b) of said section 18C of said chapter 55 of the General Laws, as so appearing, is hereby amended by striking out the words “or association” and inserting in place thereof the words:- association, corporation, labor union or other entity.

SECTION X+11. Section 18F of said chapter 55 of the General Laws, as so appearing, is hereby amended by deleting said section in its entirety and inserting in place thereof the following section:-

Section 18F. Every individual, group, association, corporation, labor union or other entity not defined as a political committee who makes an electioneering communication expenditure, in an aggregate amount exceeding $250 during a calendar year, shall electronically file with the director, within 7 days after making such an expenditure, a report stating the name and address of the individual, group, association, corporation, labor union or other entity making the electioneering communication, the name of any candidate clearly identified in the communication, the total amount or value of the communication, the name and address of the vendor to whom the payments were made and the purpose and date of any such expenditure. In addition, any individual, group or, association, corporation, labor union or other entity not defined as a political committee who makes an electioneering communication expenditure, in an aggregate amount exceeding $250 during a calendar year, who receives funds for the purpose of making such electioneering communications shall include in the electronic filing the date the funds were received and the name and address of the provider of any such funds in excess of $250, if any, and the value of the funds so received. Reports required by this section shall be filed with the director as provided in section 18C if electioneering communications refer to any candidate who files with the director. Reports required by this section shall be filed with the city or town clerk if the electioneering communications refer to any candidate seeking public office at a city or town election who does not otherwise file with the director.

Any person, group, association, corporation, labor union or other entity that makes or contracts to make electioneering communications aggregating $1,000 or more within 7 days before the date of an election shall file a report containing the information required by this section within 48 hours after making such expenditure.

A violation of this section shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than 1 year, except as otherwise provided in this chapter.

SECTION X+12. Section 18G of said chapter 55 of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following two paragraphs: -

If the independent expenditure or electioneering communication is paid for by any entity that is not an individual, the advertisement or communication must contain a written statement listing the five persons or entities, or if less than five persons or entities then the total of all such persons or entities, making the largest contributions to that entity in excess of $1000 reportable under this chapter during the twelve-month period before the date of the advertisement or communication, if any, with the words “Top Contributors”.

An individual, corporation, group, association, or other entity that makes an independent expenditure or electioneering communication shall not engage or retain an advertising firm, campaign staff member or consultant that has also been engaged or retained within the prior six months by the candidate or candidate's committee that is benefited by the independent expenditure or electioneering communication.

Amendment # 14

Mr. Finn of West Springfield moves to amend the bill in section 5, by striking out, in line 35, the following words:- “state primary preceding a biennial state election,” 
And further amend the bill in section 5, by striking out, in lines 37 to 38, the following words:- “or a state primary preceding such biennial state election,”
And further amend the bill in section 5, by striking out, in line 46, the following words:- “or a state primary preceding such biennial state election,”

Amendment # 15

Mr. Scaccia of Boston moves to amend House bill 4120, in Section 5, by striking out lines 78 through 86, inclusive, and inserting in place thereof the following:-

“(d)(1) The board of registrars or election commission in each municipality where 1 or more precincts selected to be audited are located shall conduct the audit. The board of registrars or election commission may employ tally clerks for the purpose of counting the ballots. Audits shall not commence prior to the deadline for filing a recount as stated in section 135 of this chapter. The time and place of the audits in each municipality where one or more precincts selected to be audited are located shall be publicly announced in advance. The audits shall be performed in full public view and conducted pursuant to the procedures for hand counts of ballots in section 105.”

Amendment # 16

Mr. Scaccia of Boston moves to amend House bill 4120 by striking out SECTION 6 in its entirety

Amendment # 17

Mr. Brodeur of Melrose moves to amend the bill by striking out, in line 75, the words “number.” and inserting in place thereof the following words:- number; provided further that, no more than one precinct per representative district, as defined in section 4 of chapter 57, shall be subject to an audit under subsection b.

Amendment # 18

Chapter 53 of the General Laws is hereby amended by inserting after section 38A the following section:-
                Section 38B.  If a political party, as defined in section 1 of chapter 50, is changed to a political designation, as defined in said section 1 of said chapter 50, the state secretary shall notify the members of such political party of the change as soon as possible.

Amendment # 19

Ms. Andrews of Orange moves to amend the bill by inserting at the end thereof the following new sections:

SECTION XX. Chapter 51 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended in section 1 by adding at the end thereof the following:
Every citizen seventeen years of age or older who is a resident in the city or town where he or she claims the right to vote at the time he or she registers, and who has complied with the requirements of this chapter, may have his or her name entered on the list of voters in such city or town, and may vote therein in any election for officers in such city or town.

Amendment # 20

Representatives Vieira of Falmouth, Orrall of Lakeville, O’Connell of Taunton, Levy of Marlborough, DiNatale of Fitchburg, Barrows of Mansfield, Creedon of Brockton, and Hunt of Sandwich move to amend the bill (H4120) by striking out sections 3 and 4.

Amendment # 21

Mr. Frost of Auburn moves to amend House Bill 4120 by striking sections 3 and 4.

Amendment # 22

Mr. deMacedo of Plymouth, Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, Mr. Frost of Auburn and Mr. Winslow of Norfolk move to amend House Bill 4120 by inserting at the end thereof the following new sections:

“SECTION AA.  Section 8E of SECTION 1. Section 76 of chapter 54 of the General Laws, as appearing in the 2010 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 BB. 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:
(1)   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;
(2)   shows a photograph of the individual to whom the document was issued;
(3)   includes an expiration date, and the document is not expired or expired after the date of the most recent general election; and
(4)   was issued by the commonwealth of Massachusetts or the government of the United States.
(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.
(c) Nothing in this section shall be construed to deny the rights of any individual who:
(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 CC. 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 DD: Section 92 of chapter 54 of the General Laws, as appearing in the 2010 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,”.

SECTION EE.  Section 8E of Chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended at the end of the first paragraph thereof by adding the following language:—  The Registry shall establish a waiver for indigent persons to obtain an identification card at no cost.

SECTION FF.  Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after Section 61 the following new language:—
Section 62.  (a) The Registry of Motor Vehicles shall establish a definition of “indigency” for the purposes of this chapter and uniform standards and procedures for the determination that: (1) a person is indigent and is unable to afford an identification card or (2) a person is indigent, but has the ability to pay a reduced fee for an identification card. The definition and standards, and any amendments thereto, shall be used by the registry in determining eligibility for a free identification card. In the formulation of the definition, standards and procedures, the registry shall utilize: (1) the reporting system operated by the commissioner of transitional assistance for the purpose of verifying financial eligibility of participants in state or federally funded programs; (2) the accessibility of income data available from the department of revenue; and (3) verifying material assets through the registry of motor vehicles.
 (b) A person claiming indigency under subsection (a) shall execute a waiver authorizing the registrar, or the registrar’s designee, to obtain the person’s wage, tax and asset information from the department of revenue, department of transitional assistance and within the registry of motor vehicles that the registry may find useful in verifying the person’s claim of indigency. The waiver shall authorize the registrar, or the registrar’s designee, to conduct any further reassessment required by this section.
(c) It shall be the responsibility of the registrar to ensure that a person claiming to be indigent meets the definition of indigency under subsection (a). A person seeking an indigency waiver shall be interviewed by the registrar or the registrar’s designee prior to the granting of a waiver. The person conducting the interview shall explain to the person seeking the waiver: (1) the definition of indigency; (2) the process used to verify the person’s information with other state agencies; and (3) the penalties for misrepresenting financial information in applying for an indigency waiver. The registrar or the registrar’s designee conducting the interview shall prepare a written indigency intake report that shall record the results of the interview and state a recommendation on whether or not the person seeking the waiver is indigent. The person seeking the waiver and the registrar or the registrar’s designee conducting the interview shall sign the indigency intake report. In signing the report, the person seeking the waiver shall certify under the pains and penalties of perjury that the information contained therein is true and that the person has not concealed any information relevant to the person’s financial status. All statements contained in the report shall be deemed material statements. The completed report shall be presented to the registrar who may adopt or reject the recommendations in the report, either in whole or in part.

Section GG.  Section AA, BB, CC, DD, EE and FF of this act shall take effect on April 1, 2013.

Amendment # 23

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro and Mr. deMacedo of Plymouth move to amend House Bill 4120 by inserting at the end thereof the following new section:
“SECTION XX.  Chapter 229 of the acts of 2010 is hereby repealed.”

Amendment # 24

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro and Mr. deMacedo of Plymouth move to amend House Bill 4120 by inserting at the end thereof the following new sections:
“SECTION XX. Section 8 of chapter 53 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after ‘electors’, in line 15, the following sentence:— One presidential elector shall be chosen from each congressional district, and two presidential electors shall be chosen at large.

SECTION XX. Chapter 54 of the General Laws, as so appearing, is hereby amended by striking out section 148 and inserting in place thereof the following section:—

Section 148. The persons chosen as presidential electors shall meet at the state house on the date fixed by federal law next following their election at three o’clock in the afternoon and organize by the choice of a presiding officer and secretary. The state secretary shall call the meeting to order, call the roll of electors, and preside until a presiding officer shall be chosen. The secretary of the electors shall keep a journal of their proceedings and deposit the same in the office of the state secretary, where it shall be recorded and filed. Each at-large presidential elector shall cast his ballot for the presidential and vice presidential candidates whose electors received the highest number of votes in the state. Each congressional district presidential elector shall cast his ballot for the presidential and vice presidential candidates whose electors received the highest number of votes in his congressional district.”.

Amendment # 25

Representative Bastien of Gardner moves to amend House No. 4120 by in section 2 by striking out “; provided, however, that the registrant may mail, transmit or otherwise deliver the form to the state secretary who shall cause it to be delivered to the appropriate city elections department or town clerk’s office.” and inserting “. The completed affidavit must have all sections complete and be received by mail in the appropriate city elections department or town clerk’s office no later than 10 days from the date of the postmark to be a valid affidavit of voter registration under this chapter.” After the word “office”.

Amendment # 26

Representatives Gobi of Spencer, Jones of North Reading, Peisch of Wellesley, Linsky of Natick, DiNatale of Fitchburg, Hogan of Stow, Calter of Kingston, Conroy of Wayland, Rosa of Leominster, Brady of Brockton, Chan of Quincy, Creedon of Brockton, Andrews of Orange, Madden of Nantucket, Cariddi of North Adams, Nyman of Hanover, Peterson of Grafton, Ferguson of Holden, Barrows of Mansfield, Vieira of East Falmouth and Winslow of Norfolk move to amend the bill by inserting at the end thereof the following new sections:

SECTION ____. Notwithstanding any general or special law to the contrary, there shall be established an elections task force. (a) Said task force shall undertake a study of various legislative proposals to amend the election laws, including, but not limited to, voter registration, early voting, absentee voting, the conduct of elections, and election recounts. Said study shall include, but not be limited to, an analysis of : (1) the state and local costs of implementing said proposals, the costs of increasing access to the Central Registry of Voters, and the availability of federal funding through the Help America Vote Act; (2) the administrative requirements for adopting such a system, including their impact upon poll operations and upon the operation of municipal clerks offices on election day; (3) the possibility of fraud; (4) the effects upon finalizing a vote and possible recounts; and (5) the other possible effects of proposed election laws changes.

(b) The task force shall complete its study and submit its final report in writing to the joint committee on election laws and the state secretary no later than September 30, 2013. Said report shall include recommendations for legislation and a fiscal note for implementing such legislation.

(c) The task force shall consist of the house and senate chairs of the joint committee on election laws, the speaker of the house of representatives or his designee, the president of the senate or her designee, the house minority leader or his designee, the senate minority leader or his designee, the state secretary or his designee (who shall serve as chair of the task force), the state auditor or his designee, the registrar of motor vehicles or her designee, the director of the office on disability or her designee, 2 representatives of the Massachusetts Town Clerks Association, at least 1 of whom shall be a town clerk of a town of fewer than 5,000 inhabitants, 2 representatives of the Massachusetts City Clerks Association, and 1 representative of each of the following groups: the Massachusetts Municipal Association, the League of Women Voters of Massachusetts, the Massachusetts Chapter of the NAACP, Common Cause, and MassVOTE.

SECTION ____. This act shall take effect upon its passage.

Amendment # 27

Representatives  Diehl of Whitman, Webster of Pembroke, Vieira of Falmouth, Garry of Dracut, Kuros of Uxbridge, Beaton of Shrewsbury, Orrall of Lakeville, O’Connell of Taunton move to amend the bill by inserting after Section 10 the following Section:

“Section XX. Section 76 of chapter 54 of the General Laws is hereby amended by striking out the first sentence in its entirety and inserting in place thereof the following sentence:
Each voter desiring to vote at a polling place shall give his name and his residence to one of the officers at the entrance to the space within the guard rail, who shall thereupon distinctly announce the same. The Election Officer shall then request a valid form of identification which may include the following: A valid Massachusetts driver’s license, a valid Massachusetts identification card, a valid United States Passport, a US military ID or a Massachusetts Voter ID card. If such name is found on the voting list, the election officer shall check and repeat the name and shall admit the voter to the space enclosed by the guard rail and, in case official ballots, other than those marked “Challenged Ballots” as provided by section thirty-five A, are used, such voter shall be given one ballot. The use of electronic means such as tape recording equipment or radio broadcasting equipment for the recording or broadcasting of the names of voters not yet checked as having voted shall be prohibited.

Section XX. Notwithstanding any special or general law to the contrary, if a voter wishes to obtain a voter ID card, they shall be made available to all at no cost through the Registry of Motor Vehicles.

A Massachusetts Voter ID Card shall have listed on it the following: the voter’s name, date of birth, height, weight, eye color, residential address and a photograph.
This amendment shall take effect six months after enactment.”

Amendment # 28

Representatives Creedon of Brockton,  Canavan of Brockton, Brady of Brockton, DiNatale of Fitchburg, and Jones of North Reading move to amend House, No. 4120 by striking out SECTION 1 and inserting in place thereof the following SECTION:--

“SECTION 1. Chapter 51 of the General Laws is hereby amended by inserting after section 17 the following section:-

Section 17A. In each municipality, the city or town clerk and the election director shall attend annual training conducted by the office of the state secretary on the applicable state and federal election laws and regulations.  Upon completion of the training, they shall inform the board of registrars and election commissioners.”

Amendment # 29

Mr. Cabral of New Bedford moves to amend H 4120 by adding the following section:

SECTION XX – Section 36 of chapter 51 of the general laws is hereby amended in line 9 by inserting after “English” the following:

“, Portuguese”

Amendment #30

Representatives Provost of Somerville, Andrews of Orange, Sciortino of Medford, Farley-Bouvier of Pittsfield, Wolf of Cambridge, and Khan of Newton move to amend the bill, H.4120, by adding, after Section 9, the following sections:-
SECTION UU. Chapter 53 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end of section seven the following: – The state secretary shall further promulgate regulations governing the conduct of paid signature gatherers for ballot questions, designed to achieve and maintain security from forgery and fraud in the collection of signatures on petitions for ballot questions and names thereon. Such regulations shall:

(a) provide for the establishment and maintenance of a registry of: (i) any natural person or legal entity, howsoever organized or formed, employing or contracting with any person who is compensated by money or other valuable consideration, whether as an employee or independent contractor, to obtain signatures on ballot questions; (ii) any person so employed or contracted with to obtain signatures on ballot questions.

(b) provide for fees to be charged to registrants in an amount sufficient, but not higher, than an amount reasonably calculated to generate sufficient revenue to cover the cost of operating the registry, which fees shall be retained by the office of the secretary and used solely for the purpose of operating the registry.

(c) provide for the collection of such information as will readily permit the identification and location of entities and persons registered therewith, as well as facilitate the service of legal process on such entities or persons.

(d) provide for public access to the information in the registry on the commonwealth’s website.

(e) for any natural person, the said registry shall include the following information:

i. his or her full name and assumed name, if any;

ii. the street address of his or her permanent residence;

iii. his or her signature;

iv. a list of the ballot questions on which the paid signature gatherer will gather signatures;

v. a signed statement attesting that the paid signature gatherer: (1) has not been convicted of a criminal offense involving fraud, forgery, or identification theft within the past five years; (2) has not been adjudicated to have engaged in corrupt practices with regard to elections as defined in section 32 of chapter 55, or its equivalent in another jurisdiction; (3) has not been convicted of any offense under chapter 56 of the General Laws, or the equivalent laws of any other jurisdiction within the past five years; and (4) is not a convicted sex offender;

vi. a signed statement acknowledging that the paid signature gatherer has read and understands Massachusetts law applicable to the gathering of signatures on ballot questions;

vii. a conventional photograph showing the paid signature gatherer's head, neck, and shoulders, and is appropriate for copying and processing by the state secretary.

(f) for any legal entity, the said registry shall include the following information:

i. the name of the entity as registered with the applicable state or municipal agency depending on the business structure, which may include the department of revenue, the secretary, or a city or town clerk, as well as any other names under which the business is doing business, or any trade names;

ii. the street address of the main office in the state, the mailing address, if different, the office phone number, and the entity’s e-mail address, if any;

iii. the full name, and any assumed names, of the owner or owners of the entity;

iv. a signature of the entity owner or owners;

v. a signed statement attesting that the entity owner or owners: (1) have not been convicted of a criminal offense involving fraud, forgery, or identification theft within the past five years; (2) have not been adjudicated to have engaged in corrupt practices with regard to elections as defined in section 32 of chapter 55, or its equivalent in another jurisdiction; (3) have not been convicted of any offense under chapter 56 of the General Laws, or the equivalent laws of any other jurisdiction within the past five years; (4) are not a convicted sex offenders.

vi. a list of the ballot questions on which the entity will be involved with the gathering of signatures;

vii. a signed statement acknowledging the entity owner or owners have read and understand Massachusetts law applicable to the gathering of signatures on ballot questions; and

viii. a conventional photograph showing the owner(s)’ head, neck, and shoulders, and is appropriate for copying and processing by the state secretary.

(g) provide that registration is valid for only one ballot question in the case of a natural person, and that, in the event a natural person is gathering signatures for more than one ballot question, registration and a separate registration number is required for each petition.

(h) provide that registration is valid for one calendar year in the case of a legal entity in the commonwealth engaged in the activity of collecting signatures for ballot questions, and that, in the event that such entity involved with the collection of signatures for ballot questions that are using paid signature gatherers that were not listed on their original registration for that calendar year, the business must notify the secretary within five working days of becoming involved in the new petition.

(i) provide that a natural person, including an owner of a legal entity required to be registered, is ineligible for registration if he or she: (a) has been convicted of a criminal offense involving fraud, forgery, or identification theft within the past five years; (b) has been adjudicated to have engaged in corrupt practices with regard to elections as defined in section 32 of chapter 55, or its equivalent in another jurisdiction; (c) has been convicted of any offense under chapter 56 of the General Laws, or the equivalent laws of any other jurisdiction within the past five years; or (d) is a convicted sex offender.

(j) provide that, when gathering signatures, a paid signature gatherer must carry on his or her person evidence of registration including the paid signature gatherer's photograph and registration number. If requested, the paid signature gatherer shall produce the evidence of registration.

(k) provide for procedures for the revocation of registrations and the assessment of civil penalties authorized by this section.

If a person receives money or other valuable consideration for obtaining signatures of voters on ballot questions and the paid signature gatherer was not registered as required by this section at the time the signatures were obtained, the signatures shall not be counted for purposes of determining whether a petition for a ballot question contains the required number signatures of voters.

A registered paid signature gatherer who knowingly submits an invalid signature will have his or her registration number revoked and he or she is prohibited from registering for five years from the date of the state secretary's revocation order. This paragraph applies when: (i) the paid signature gatherer provides a petition that contains an invalid signature as determined by the secretary; and (ii) the secretary determines that the signature was obtained by that paid signature gatherer and the paid signature gatherer knew or should have known the signature was invalid. However, this paragraph does not apply when the paid signature gatherer had no knowledge or reason to know that the signature was invalid including, but not limited to, the paid signature gatherer did not know and had no reason to know the signature was a duplicate, that the person's signature had changed over time and no longer matched the signature on file with the city or town registrar, that the person had moved to a new residence but failed to update his or her voter registration before signing the petition, and the signature did not match a valid registered voter.

When the state secretary is informed that a registered paid signature gatherer: (i) has been convicted of a criminal offense involving fraud, forgery, or identification theft; (ii) has been adjudicated to have engaged in corrupt practices with regard to elections as defined in section 32 of chapter 55, or its equivalent in another jurisdiction; (iii) has been convicted of any offense under chapter 56 of the General Laws, or the equivalent laws of any other jurisdiction within the past five years; (iv) has been determined by the secretary to have submitted false information on his or her registration application, he or she shall have his or her registration number revoked and he or she is prohibited from applying for future registrations for a period of five years from the date of the secretary’s revocation order.

When the state secretary is informed that a paid signature gatherer has been convicted of any sex offense, he or she will have his or her registration number permanently revoked and he or she is prohibited from applying for or obtaining future registrations.

The failure to register as required by this section by an entity operating in the commonwealth engaged in the activity of collecting signatures for ballot questions using paid signature gatherers will result in the invalidation of any signatures gathered by the entity and its paid signature gatherers and the entity will be subject to civil penalties of up to ten thousand dollars.

None of the provisions of this section relating to the registration of paid signature gatherers for ballot questions shall apply to volunteer signature gatherers.

SECTION VV. Section 22A of chapter 53 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the sentence ending in “secretary” in line 20 the following sentences: – Each initiative and referendum petition shall have printed thereon an affidavit in substantially the following form, which shall be executed by the person circulating the petition prior to its submission to the registrar of a city or town: “Commonwealth of Massachusetts , County of (county where signed), ss. I, (name of circulator), state under the pains and penalties of perjury that I reside at (full residential address, including number and street, apartment number where applicable, city or town, state and zip code); that each signature contained on the this petition was executed in my presence; and that to the best of my knowledge and belief each person whose signature appears on the this petition is a voter qualified to sign this petition; and that each signature contained on this petition is the genuine signature of the person whose name it purports to be (Signature of circulator and date).” No city or town registrar shall certify any signature on any petition where the forgoing affidavit has not been duly executed by the person circulating the petition, or where the name and address of the circulator is incomplete or not plainly legible.

SECTION WW. Chapter 53 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting the following sections after section 22B: –

Section 22C. A person may not pay a circulator of an initiative or a referendum petition or another person who causes the circulation of ballot questions for the collection of signatures if that payment is based on the number of signatures collected. Nothing in this section prohibits a circulator of an initiative or a referendum petition or a person who causes the circulation of an initiative or a referendum petition from being paid a salary that is not based on the number of signatures collected.

Section 22D. No person may simultaneously solicit signatures on petitions relating to more than one initiative or referendum question.

SECTION XX. Section 10 of chapter 55B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking the word “twenty-first” as appearing in line 17 and substituting in place thereof the word: – “forty-second.”

SECTION YY. Section 11 of chapter 56 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting the following words after the word “altered” in line 7: – “or knowingly or willfully executes falsely the affidavit required on initiative and referendum petitions by section 22A of chapter 53,”.

SECTION ZZ. If any provision of this act or the application thereof to any person or circumstance is held by any court to be unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Amendment #31

Representatives Atsalis of Hyannis, Kuros of Uxbridge, Diehl of Whitman, and Ehrlich of Marblehead move that the bill (House No. 4120) be amended after Section 7 by inserting after the date “July 6, 2012” in line 154 the following:
            SECTION 1.  Chapters 50 through 57 of the Massachusetts General Laws, as appearing in the 2008 Official Edition, is hereby amended by substituting the following words, “no party affiliation,” for the phrase “unenrolled voter” wherever the phrase “unenrolled voter” appears.
            SECTION 2.  The phrase “unenrolled voter” shall be changed to “no party affiliation” wherever it appears in the regulations promulgated pursuant to Chapters 50 through 57 of the Massachusetts General Laws as appearing in the 2008 Official Edition.

Amendment #32

Ms. Andrews of Orange hereby moves to amend the bill by adding the following section:-
SECTION XX.  (a) The General Court makes the following findings:
The first amendment to the united states constitution was designed to protect the free speech rights of people, not corporations.
For the past three decades, a divided united states supreme court has transformed the first amendment into a powerful tool for corporations seeking to evade and invalidate democratically-enacted reforms.
This corporate takeover of the first amendment has reached its extreme conclusion in the united states supreme court’s recent ruling in citizens united v. Fec.
The united states supreme court’s ruling in citizens united v. Fec overturned longstanding precedent prohibiting corporations from spending their general treasury funds in our elections.
The united states supreme court’s ruling in citizens united v. Fec will now unleash a torrent of corporate money in our political process unmatched by any campaign expenditure totals in united states history.
The united states supreme court’s ruling in citizens united v. Fec presents a serious and direct threat to our democracy; the people of the united states have previously used the constitutional amendment process to correct those egregiously wrong decisions of the united states supreme court that go to the heart of our democracy and self-government;
(b) Wherefore General Court of the commonwealth of Massachusetts hereby calls upon the united states congress to pass and send to the states for ratification a constitutional amendment to restore the first amendment and fair elections to the people.