SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2549

The Commonwealth of Massachusetts

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

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by striking the bill its entirety and inserting in place thereof the following:-

SECTION 1. Section 1F of chapter 51 as appearing in the 2020 official edition is hereby amended by inserting at the end thereof the following:-“ The Secretary of State shall annually notify every registered voter by mail of their registration status, including the address at which the voter is registered to vote. Such communication shall also include comprehensive information as to how a registration may be changed or revoked

The Secretary of State shall establish and maintain a toll free telephone line  through which any person may ascertain their voter registration status and information as to how to register to vote or change a registration, provided that such line shall be operational for not less than 30 days preceding any state or federal election .”

SECTION 2. Section 26 of chapter 51 of the general laws as appearing in the 2020 official edition is hereby amended by striking in line 10 the following:-“twentieth day preceding such election” and inserting in place thereof the following:-“ fifth day preceding such election, provided that a voter shall not be eligible to vote until the fifth day following their registration”

SECTION 3. Said section 26 of chapter 51 is hereby amended by striking in line 12 the following:-“tenth” and inserting in place thereof the following:-“fifth ”

SECTION 4. Section 34 of chapter 51 as appearing in the 2020 official edition is hereby amended by inserting at the end thereof the following:-“Not less than 14 days prior to any primary or election, the registrars for each city or town shall publish all polling locations and the applicable dates and hours. Such notice shall be conspicuously posted: (i) in the office of the local election officials or on the principal official bulletin board of each city or town; (ii) on any other public building considered necessary; (iii) on the city or town's website, if any; and (iv) on the website of the state secretary .”

SECTION 5. section 42G½ of said chapter 51, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) In accordance with the memorandum of understanding required by subsection (b), each eligible applicant for services at an automatic voter registration agency who meets the qualifications to register to vote and does not decline to register to vote under subsection (d) of section 65 shall be registered as a voter under said section 65 as of the date the registrars add the person’s name and address to the register of voters, pursuant to paragraph (4) of said subsection (d) of said section 65; provided, however, that an applicant who meets the qualifications to register to vote, does not decline to register to vote under said subsection (d) of said section 65 and completes a qualifying transaction with an automatic voter registration agency not less than 21 days before an election shall be entitled to vote in that election. If necessary to comply with federal law, the division of medical assistance and the commonwealth health insurance connector authority may allow an applicant to decline to register to vote at the time of application. Otherwise, all automatic voter registration agencies, including the registry of motor vehicles, shall transmit records of all eligible applicants as provided in subsection (e), and these applicants may decline to register to vote only after receiving notice from the registrars under paragraph (3) of said subsection (d) of said section 65 .

SECTION 6. Chapter 54 of the General Laws is hereby amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-

Section 14. For any primary or election, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers within 6 weeks of the primary or election, the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12. If the position of warden, clerk or inspector, or deputy of any such officer, if any, is vacant within the 3 weeks preceding any primary or election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 .

SECTION 7. Subsection (d) of Section 25B of chapter 54 is hereby amended by inserting at the end thereof the following:- Early voting weekend hours shall be conducted as follows: (i) for municipalities with fewer than 5,000 registered voters, for not less than 2 hours each weekend day; (ii) for municipalities with not less than 5,000 registered voters but fewer than 20,000 registered voters, for not less than 4 hours each weekend day; (iii) for municipalities with not less than 20,000 registered voters but fewer than 40,000 registered voters, for not less than 5 hours each weekend day; (iv) for municipalities with not less than 40,000 registered voters but fewer than 75,000 registered voters, for not less than 6 hours each weekend day; and (v) for municipalities with not less than 75,000 registered voters, for not less than 8 hours each weekend day. For each other day during the early voting period, early voting shall be conducted during the usual business hours of each city or town clerk. A city or town may provide for additional early voting hours beyond the hours required by this paragraph, provided that a city or town provided at least one weekday for early voting hours to go from 5 pm to 8 pm

SECTION 8. Subsection (o) of Section 25B of chapter 54 is hereby amended by inserting at the end thereof the following: -“ “including the means to seek, process and approve reimbursement subject to subsection (r)

SECTION 9. Section 25B of chapter 54 is hereby amended by inserting the following new subsection:- (r) The Commonwealth shall reimburse each city and town to the full extent of the amounts expended for mandated early voting procedures and operations. The state treasurer shall annually, on or before July 1st of the year following the election for which reimbursement is being sought, pay to cities and towns, the sums required for such reimbursement and approved by the secretary of state pursuant to section 2 herein. Each city and town may establish an Early Voting Reimbursement Fund. Reimbursements made by the commonwealth pursuant to this section may be deposited into the fund and may carry forward for 1 fiscal year.

SECTION 10. Section 25B of chapter 54 is hereby amended by inserting the following new subsection:-  (s) Any early voting ballot cast in person pursuant to this section may be opened and deposited into a tabulator in advance of the date of the primary or election in accordance with regulations promulgated by the state secretary; provided, however, that such ballots shall be kept secured, locked and unexamined and that no results shall be determined or announced until after the time polls close on the date of the primary or election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56.

All envelopes referred to in this section shall be retained with the ballots cast at the primary or election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots .

SECTION 11. Said section 25B of chapter 54 is hereby amended by inserting the following new subsection:- (t) (i) The election officers and registrars of every city or town shall allow any registered voter, as defined in section 1 of chapter 51, to vote early by mail for any primary or election.

Any registered voter wanting to vote early by mail may file with the voter’s local election official an application for an early voting ballot for an election or for all elections during a calendar year. Any form of written communication evidencing a desire to have an early voting ballot sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. No application shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters before 5 P.M. on the seventh business day preceding the election.

(ii) A voter wishing to apply to vote early by mail in a presidential or state primary or state election and who needs accommodation by reason of disability and is unable to independently mark a paper ballot may apply for such accommodations in a form and manner prescribed by the state secretary. Accommodations shall include, but not be limited to: (i) clear and accessible electronic instructions for completion, printing and returning of the ballot; (ii) an accessible blank electronic application that can be: (A) completed by the voter electronically; (B) signed with a wet signature, a hand drawn electronic signature or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the application due to a disability; and (C) submitted electronically, by mail or by delivering it, in person or by a family member, to the office of the appropriate city or town clerk; (iii) an authorized accessible blank electronic ballot that can be filled out electronically, printed and signed; provided, however, that the accessible electronic ballot marking system the voter utilizes to access their blank electronic ballot shall not collect or store any personally identifying information obtained in the process of filling out the ballot; (iv) an accessible electronic affidavit that may be used for certification of an accessible electronic ballot and signed with a wet signature, a hand-drawn electronic signature, or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the ballot due to a disability; (v) an envelope to return the ballot to the voter’s town or city clerk with postage guaranteed; and (vi) hole punched markers in place of a wet signature required for certification if an electronic affidavit of certification is not utilized; provided, however, the electronic instructions and accommodations in this section shall comply with requirements contained in Title II of the federal Americans with Disabilities Act and shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and the National Institute of Standards and Technology report titled “Principles and guidelines for remote ballot marking systems.” Upon printing the ballot, the voter shall place the ballot in the envelope provided by the state secretary. A voter with accommodations in receipt of a ballot pursuant to this section may complete and return the ballot by: (i) submitting it electronically; (ii) delivering it, in person or by a family member, to the office of the appropriate city or town clerk or a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

A voter wishing to apply to vote early by mail in a municipal election and who needs accommodation by reason of disability and is unable to independently mark a paper ballot may request an accommodation from their local election official. The request shall be received by the local election official not later than the seventh business day preceding the election. Upon receiving such a request from a registered voter by phone or electronically, the local election official shall grant reasonable accommodations to the voter.

(iii) The state secretary shall establish, maintain and implement an internet portal on the secretary’s website to allow a voter under the pains and penalty of persury to request an early voting ballot for presidential and state primaries and state elections to be mailed to the voter’s home address or a different mailing address as designated by the voter or to be provided electronically to voters approved to utilize an accessible electronic ballot as an accommodation under this section.

SECTION 12. Section 72 of chapter 54 is hereby amended by inserting at the end of thereof the following:-

A city or town may detail a sufficient number of police officers or constables for each early voting site at the expense of the city or town to preserve order, protect local election officers and supervisors from any interference with their duties and aid in enforcing the laws relating to elections .

SECTION 13. Said chapter 54 is hereby further amended by inserting after section 89 the following section:-

Section 89B. (a) For the purposes of this section, “facility” shall include a correctional facility, house of correction or jail.

(b) The officer in charge of a facility shall:

(i) not later than 30 days prior to a presidential primary or July 15 of other even-numbered years: (A) display in prominent locations visible to individuals who are incarcerated at the facility, a poster of voting rights and procedures prepared by the state secretary; and (B) distribute to all individuals who are incarcerated who may be eligible to vote, written information about voting rights and procedures prepared by the state secretary;

(ii) for all primaries and elections, assist an individual who is incarcerated who may be eligible to vote in registering as a voter and in applying for a mail ballot, including as specially qualified voters, and distribute forms prepared by the state secretary for those purposes;

(iii) ensure the receipt, private voting, where possible, and return of mail ballots by an eligible individual who is incarcerated;

(iv) appoint a subordinate officer at the facility to supervise the actions required by this section; and

(v) not later than 14 days before every presidential and regular state primary and biennial state election, file a written report with the state secretary, in a form prescribed by the state secretary, that details the actions taken under this section. The report shall be a public record .

SECTION 14. Section 8 of chapter 56 as appearing in the 2020 official edition is hereby amended striking in line 13 the following:-“ten” and inserting in place thereof the following:-“twenty ”

SECTION 15. Section 26 of said chapter 56 is hereby amended by striking in line 10 the following:- “ten” and inserting in place thereof the following:-“twenty ”

SECTION 16. Section 27 of said chapter 56 is hereby amended by striking in line 5 the following:-“ten” and inserting in place thereof the following:-“twenty ”

SECTION 17. Section 27A of said chapter 56 is hereby amended by striking in line 5 the following:-“ten” and inserting in place thereof the following:-“twenty ”

SECTION 18. Section 28 of said chapter 56 is hereby amended by striking in line 5 the following:-“ten” and inserting in place thereof the following:-“twenty ”

SECTION 19. Said chapter 56 is hereby amended by inserting at the end thereof the following new section:-“Section 70. Upon receiving credible information or a credible allegation that an individual or individuals engaged in any conduct in violation of chapter 56, the attorney general or the district attorney having jurisdiction over the municipality in which the alleged conduct occurred shall investigate the merits of the information or allegation .”

SECTION 20. Said chapter 56 is hereby amended by inserting at the end thereof the following new section:-“Section 71.  Any person who is found to have conspired with one or more other persons to violate the provisions of Chapters 50-56 respectively in a systemic fashion shall be found guilty of Conspiracy and punished by a fine of not more than fifty thousand dollars or by imprisonment for not more than ten years, or both .”

SECTION 21. Notwithstanding any general or special law to the contrary there shall be a special Commission to Increase Voter Participation in the Commonwealth to consist of 19 members, consisting of: the Secretary of State or a designee; the Attorney General or a designee; 8 members to be appointed by the Governor: 3 of which represent organizations that advocate for minority populations, 2 of which represent institutions of higher learning in Massachusetts, 1 of whom shall be an attorney with experience in elections laws, and 1 whom shall represent the citizens of the commonwealth, 1 of whom representing an organization in the commonwealth that advocates for increased voter participation; 3 members from the Massachusetts State Senate, 2 members shall be appointed by the President, 1 member shall be appointed by the minority leader of the senate; 3 members of the Massachusetts House of Representatives 1 of which is from the minority party; and 3 municipal clerks from diverse areas of the commonwealth, at least one of whom shall be from a city with a population of more than 70,000 and at least one of whom shall be from a rural community with a population of less than 10,000.

The commission shall study the causes of low voter registration and voting and recommend means to address the issues to the clerks of the Massachusetts General Court.  The commission shall meet not less than once each year, provided that all of its meetings shall be open to, and accessible by, the public, and that any recordings, minutes, or other such documentation of meetings shall be posted electronically so as to enable public inspection.

The commission shall, on an ongoing basis, seek to identify, study, document, and analyze factors negatively impacting voter registration and voter participation in elections in the commonwealth, and shall, not less than annually, make recommendations to effectively address those factors so as to increase voter participation throughout the state, provided, that in carrying out its mission, the commission may focus as necessary on individual regions or municipalities with low rates of voter participation. Such recommendations shall be reported in writing to the governor, the secretary of state, and the attorney general, and filed with the Joint Committee on election Laws, and the clerks of the House and Senate, whom shall post them electronically in a manner accessible to the public.

The provisions of this section shall expire five years following the passage of this act, unless otherwise terminated, modified, or extended

SECTION 22. The secretary of state is hereby authorized and directed to identify municipalities, regions, and precincts in the commonwealth with low amounts of voter registration, and to conduct, on an ongoing basis, targeted efforts to increase such registration, provided, that such efforts may include grants, subject to appropriation, for municipal and regional initiatives for this purpose. The secretary shall file a report annually on efforts undertaken, the effectiveness of such efforts, and any recommended regulatory or statutory changes that would serve to support increased voter registration, which shall be posted electronically in a means accessible to the public and filed with the clerks of the House and Senate, the Joint Committee on Election Laws, and the House and Senate Committee on Ways and Means.

SECTION 23. Notwithstanding any general or special laws to the contrary the secretary of state shall conduct public service announcements throughout the commonwealth to encourage maximum voter participation

SECTION 24. Notwithstanding any general or special law to the contrary any ballots cast under this act shall be subject to Subsection (b) of section 109(A) of chapter 54

SECTION 25. SECTION 21 is hereby repealed

SECTION 26. SECTION 22 is hereby repealed

SECTION 27. SECTION 25 shall go into effect on five years following the passage of this act

SECTION 28. SECTION 26 shall go into effect on five years following the passage of this act