HOUSE DOCKET, NO. 3483        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4140

The Commonwealth of Massachusetts

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PRESENTED BY:

Nika C. Elugardo

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to pilot ballot box initiatives in carceral settings.

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PETITION OF:

HOUSE DOCKET, NO. 3483        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4140

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to pilot ballot box initiatives in carceral settings.

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. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:

“Correctional facility”, a correctional facility, as defined in section 1 of chapter 125 of the General Laws, located within Suffolk county.

“State secretary”, the secretary of the commonwealth.

(b) Notwithstanding chapter 54 of the General Laws or any other general or special law to the contrary, there shall be a pilot program, to be administered by the sheriff of Suffolk county, relative to furthering voting access for incarcerated persons.

(c) The state secretary shall create and distribute voter information signs and information to the sheriff of Suffolk county for distribution in correctional facilities not less than 90 days prior to all municipal, state or presidential primary elections or general elections. The state secretary shall create and distribute to election officers of each city and town in Suffolk county information on: (i) the qualifications and rights of eligible incarcerated voters; (ii) regulations detailing the application process and how to process eligible incarcerated voters in the Voter Registration Information System; and (iii) current law pertaining to said rights and processes.

(d) The officer in charge of each correctional facility shall:

(1) publish policies and procedures, developed in consultation with local and state elections officials, community groups and other stakeholders that govern the facilitation of voting and voter registration for eligible voters in correctional facilities. These policies and procedures shall include:

(i) distribution of voter education and election information in a manner consistent with prison policies, including but not limited to disseminating notices about voting rights and procedures from the state secretary;

(ii) providing assistance to eligible incarcerated persons to register to vote and apply for absentee ballots in all primaries and elections as specially qualified voters, including distribution of: (A) ballot request forms; (B) voter registration forms; (C) individual records that may serve as proof of residence for the purpose of voter registration or provide voters with their last known address, such as intake forms, arrest records or other forms in the possession of the correctional facility; and (D) voter information packets generated by the state secretary, community groups or other stakeholders;

(iii) providing for the expeditious and timely receipt and return of mail-in or absentee ballots by eligible incarcerated persons; provided, that the officer in charge may facilitate timely return of completed ballots by providing a secured drop box in coordination with the state secretary, mailing the ballots to the appropriate city or town clerk or through any other secured means of delivery; recognizing that incarcerated persons who are eligible voters may retain residency outside of Suffolk county and in such cases more time may be afforded to securely transfer ballots to respective local elections;

(iv) establishing locations where eligible incarcerated persons may complete ballots and other paperwork in private;

(v) providing means of tracking incarcerated persons’ complaints related to voting or registration issues, the number of incarcerated persons who sought to vote and the outcome of said complaints and requests; and

(vi) setting policies for collaborating with local elections officials, civic engagement community groups and other stakeholders.

(2) hang or distribute any informational posters or packets provided by the state secretary not later than July 15 of each even-numbered year, or, if received after that date, immediately upon receipt; provided, that distribution and informational announcements shall continue through the conclusion of any primary and general election.

(3) appoint a subordinate officer at the facility to supervise the actions required by this section.

(4) file a written report with the state secretary, not later than 14 days before every primary and general election, detailing the actions taken pursuant to this section in a form prescribed by the state secretary; provided, that the report shall be a public record.

(e) The officer in charge of each correctional facility shall, on or before the fifteenth day of each month, transmit to the state secretary lists containing information about persons: (1) convicted of a felony who, during the preceding period, have become ineligible to vote because of their incarceration; (2) convicted of a felony who, during the preceding period, have become eligible to vote because of their discharge from incarceration; and (3) detained pre-trial or convicted of a misdemeanor and incarcerated but eligible to vote. Each list shall include the following information for each person listed: (i) name; (ii) date of birth; (iii) status as incarcerated for a felony conviction, incarcerated but not disqualified or recently released; (iv) last 4 digits of social security number or driver's license number, if available; (v) address on file; (vi) race or ethnicity; and (vii) if held pretrial or serving a misdemeanor and eligible to vote, the name and address of the jail, prison or other facility where the person is detained. Where this information is not a matter of public record, the state secretary shall enter a memorandum of understanding with the sheriff concerning the transmission of this data.

(f) The state secretary shall issue a report not later than 6 months following each primary and general election. The report shall include information on: (1) the number of eligible incarcerated voters at the time of an election by municipality; (2) the number of incarcerated voters who requested an absentee ballot and the outcome of that request by municipality, including the reasons for rejection if applicable; (3) the number of incarcerated voters who requested to register to vote and the outcome of those requests by municipality, including the reason for rejection if applicable; and (4) each municipality’s policies and practices regarding outreach and enfranchisement of eligible incarcerated voters, if applicable.

(g) If an individual’s right to vote was suspended while incarcerated pursuant to article III of the articles of amendment to the constitution, the officer in charge of the correctional facility where the individual is housed shall, prior to the expiration of an individual’s term of incarceration, notify the individual in writing that their voting rights shall be restored upon discharge. If an individual’s right to vote was not suspended while incarcerated pursuant to article III of the articles of amendment to the constitution, the officer in charge of the correctional facility where

the individual is housed shall, prior to the expiration of an individual’s term of incarceration, notify the individual in writing that their voting rights shall be maintained upon discharge and that, if the individual requested or submitted a mail-in ballot application or ballot, the individual maintains the right to vote in-person so long as their mail-in ballot has not been processed.

As part of the release process leading to the discharge of an individual whose right to vote was suspended while incarcerated pursuant to article III of the articles of amendment to the constitution, the correctional facility shall provide the individual with a voter registration form and offer the individual assistance in filling out the form. The correctional facility shall provide the individual with a postage guaranteed envelope or transmit the individual’s completed voter registration form to the city or town where the individual claims residence. If the individual declines to register to vote, the facility shall provide the individual with a form indicating that the individual was provided with the voter registration form and declined to register and offer the individual assistance in filling out the form.

(h) (1) Notwithstanding section 91A of chapter 54 of the General Laws or any other general or special law to the contrary, a specially qualified voter, as defined in section 1 of chapter 50 of the General Laws, who is confined in a correctional facility, except if by reason of a felony conviction, may cite the address of said correctional facility as their residence in an application for an absentee or mail-in ballot.

(2) Election officers shall verify the eligibility status and residence for voting purposes of any specially qualified voter described in paragraph (1) with the correctional facility from which the voter applied before issuing a mail-in or absentee ballot.

(3) Election officers shall, 30 days before a municipal, primary or general election, post on the city or town website and report to the state secretary measures to facilitate voting for incarcerated eligible voters.

(4) Election officers shall make available by request as public record: (i) the number of ballot applications received from eligible incarcerated voters; (ii) the number of rejected ballot applications sent by incarcerated persons, with the reasons for rejection; and (ii) the number of ballots received from eligible incarcerated voters.

(i)The state secretary shall deliver a secured drop box for early voting to each correctional facility prior to the start of the early voting period for a primary or general election. Notwithstanding section 25B of said chapter 54 or any other general or special law to the contrary, an eligible incarcerated voter in receipt of an early voting ballot for a primary or general election may complete and return the ballot by depositing it in the secured drop box prior to the day of the primary or general election. To enhance security or voter access, ballot boxes shall be portable and may be rotated to each unit to enable incarcerated persons to place ballots in the boxes themselves. The state secretary shall deliver early voting ballots submitted by secured drop box to the appropriate city or town clerk before the hour fixed for closing the polls on the day of the primary or general election.

(j) The state secretary shall promulgate the regulations described in subsection (c) and regulations necessary to implement this act not later than 90 days after the effective date of this act.

SECTION 2. This act shall take effect upon its passage.

SECTION 3. Section 1 is hereby repealed.

SECTION 4. Section 3 shall take effect 5 years from the effective date of this act.