SENATE DOCKET, NO. 803        FILED ON: 2/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 435

The Commonwealth of Massachusetts

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PRESENTED BY:

Joseph A. Boncore

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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 allowing election day registration.

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PETITION OF:

SENATE DOCKET, NO. 803        FILED ON: 2/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 435

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 385 OF 2019-2020.]

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 allowing election day registration.

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.  Chapter 51 of the General Laws is hereby amended by inserting after section 64 the following section:-

Section 65.  Election Day Registration. 

As used in this section, “election” shall include every state, city or town primary, preliminary election, election or town meeting. Notwithstanding any other section of this chapter to the contrary, any person not previously registered as a voter in the commonwealth who has failed to register by the time prescribed under section 26 of this chapter may appear before the registrars of the city or town of the person’s legal residence on the day of an election and register as a voter. 

A registrant who registers pursuant to this section shall appear in person at one or more locations and during hours designated by the registrars and shall complete an affidavit of voter registration in the presence of the registrars and present suitable identification.

If the registrars determine that the registrant qualifies to register as a voter for such election, they shall cause the name and residence of the registrant to be added to the voting list of the ward, voting precinct, polling place or town in which such election is being held and shall immediately transmit such information to the presiding officer of the polling place where such voter is assigned, and the voter shall then be permitted to vote in such election at such polling place.

A registrant who fails to present suitable identification shall be permitted to deposit a provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to return within three days after such election to present sufficient identification to the registrars in order for the registrars to determine that the registrant is qualified to vote in such election and has deposited an eligible provisional ballot.

The registrars may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the registrars shall proceed in accordance with the provisions of section 47 of this chapter.

As soon as practicable after the election, the registrars shall add the registrant’s name, address and effective date of registration to the annual register of voters.

SECTION 2.  The state secretary shall promulgate regulations necessary to implement this section.

SECTION 3.  This act shall take effect on January 1, 2023.