Bill S.451

SENATE DOCKET, NO. 2363 FILED ON: 2/19/2021

SENATE . . . . . . . . . . . . . . No. 451

By Ms. Chang-Diaz, a petition (accompanied by bill, Senate, No. 451) of Sonia Chang-Diaz for legislation relative to voting options for inclusive and comprehensive elections. Election Laws.

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 relative to voting options for inclusive and comprehensive elections.

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 1 of chapter 50 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Municipal party” the following definition:-

“Offices of correction”, offices of the department of correction and offices of the houses of correction.

SECTION 2. Said section 1 of said chapter 50, as so appearing, is hereby further amended by inserting after the word “vehicles”, in line 124, the following words:-, offices of correction.

SECTION 3. Section 1 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- A person otherwise qualified to vote for national or state officers, but who has not registered in accordance with the provisions of section 26 of this chapter, shall be eligible to register under Section 34A.

SECTION 4. Section 1F of said chapter 51 is hereby repealed.

SECTION 5. Said Chapter 51 is hereby further amended by striking out section 3, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:-

Section 3. For all elections and primaries, a person shall be registered and may vote in the ward or voting precinct where he resides; provided, however, that any registered voter of a city or town who moves to any other precinct in said city or town or to another city or town may register to vote at his new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A. A new resident of the city or town may also, upon like application, be registered at the new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each voter making any such written application that the same has been received and that he may vote, subject to the provision of this section regarding the close of registration, in the ward or precinct into which he has moved or in accordance with provisions of section 34A.

SECTION 6. Said Chapter 51 is hereby further amended by striking out Section 28, as so appearing, and inserting in place thereof the following section:-

Section 28. Registrars shall hold a continuous session from 7:00 AM until 8:00 PM on the last day for registration prescribed under section 26. For those towns having less than 1,500 voters, such session shall be sufficient if it includes the time from 7:00 until 9:00 AM and from 5:00 until 7:00 PM.

SECTION 7. Said Chapter 51 is hereby further amended by striking out Section 34, as so appearing, and inserting in place thereof the following section:-

Section 34. Except as otherwise provided in section 34A, after 8:00 PM of a day on which registration is to cease, the registrars shall not register any person to vote in the next election, except that they shall furnish, or cause to be furnished, to each person waiting in line at the hour of 8:00 pm for the purpose of being registered, a card or slip of identification bearing such person’s name and shall, before registration ceases, permit such person to register.

SECTION 8. Said Chapter 51 is hereby further amended by inserting after Section 34 the following section:-

Section 34A. (a) An individual who is eligible to vote may register on the day of an election by appearing in person at the polling place, during the hours it is open for voting, for the precinct in which the individual maintains residence on election day or, during the early voting period, by appearing in person at an early voting site for the city or town in which the individual maintains residence during the hours it is open for voting, by completing a registration application in a form prescribed by the state secretary which complies with identity requirements of 52 U.S.C. section 21083, by presenting to the appropriate election official proof of residency and by making a written oath which shall be as follows: I certify that I: am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from registering and/or voting or otherwise prohibited from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the Commonwealth or elsewhere; have read and understand this statement; I further understand that giving false information is a felony punishable by not more than 5 years imprisonment or a fine of not more than $5,000, or both.

(b) For purposes of this section, the term “proof of residence” shall mean one of the following, so long as it includes the name of the applicant and the address from which he or she is registering:

(i) a valid photo identification including, but not limited to, a Massachusetts driver’s license or other state-issued identification card; or

(ii) other documentation demonstrating the name and address where the applicant maintains residence and seeks to register including, but not limited to, a copy of a current utility bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence, a current student fee statement or other document from a post- secondary educational institution that verifies the student’s current address.

(c) Upon meeting the identity requirements of subsection (a), production of proof of residence, and the making of an oath sufficient to support registration, the ballot clerk or his designee shall permit the applicant to vote at that election. Any person who registers to vote on the day of an election in accordance with this section shall, absent disqualification, be registered to vote at all subsequent primaries and elections.

(d) 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 two business days after a state primary or municipal election or within six days following a state election to present sufficient identification to the local election officials in order for the local election officials to determine that the registrant is qualified to vote in such election and has deposited an eligible provisional ballot.

(e) The state secretary shall make available to the election officers at each polling place, to the extent possible, access to the statewide list of registered voters as contained in the central registry of voters set forth in section 47C. For the purposes of this section, an electronic or printed copy of all voters registered to vote in that precinct as of the last day of the registration period, as required by sections 55 and 60, shall be sufficient.

(f) The local election officials 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 local election officials shall proceed in accordance with the provisions of section forty-seven.

(g) 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.

(h) This section shall not apply to an individual seeking to register to vote in any town for the purposes of voting at annual town meeting or special town meeting.

(i) A registered voter shall not re-register on the day of a primary or election for the exclusive purpose of altering his party affiliation.

(j) The state secretary shall adopt regulations to implement the relevant provisions of this chapter.

(k) Upon credible information or allegation of illegal voter registration, or credible information or allegation of illegal multiple voting, there shall be an investigation upon the merits of said information or allegation by the attorney general, or by the district attorney having jurisdiction over the municipality in which the alleged illegal registration or illegal multiple voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this section by any means otherwise provided by law.

(l) Violations of this section shall be punishable under sections 8, 26 and 27, of chapter 56.

SECTION 9. Section 42G½ of said chapter 51 is hereby amended by striking out subsection (d), as appearing in the 2018 Official Edition, and inserting in the place thereof the following subsection:-

(d) In accordance with the memorandum of understanding required by subsection (b), any applicant for services at an automatic voter registration agency who otherwise meets the qualifications to register to vote, and who does not decline to register to vote, but who is currently serving time for a felony conviction, shall be pre-registered as a voter.

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 or pre-register to vote and does not decline to register to vote shall be registered as a voter or pre-registrant under section 65 as of the date the registrar adds the person's name and address to the register of voters, pursuant to clause (4) of 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 and completes a qualifying transaction with an automatic voter registration agency not less than 21 days prior to an election shall be entitled to vote in that election.

SECTION 10. Section 47A of said chapter 51, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Subsequent to such pre-registration, a pre-registrant who is not yet 18 years of age, when pre-registered as provided in this section, shall be eligible to vote at any preliminary or primary election to be held if he or she shall be the age of 18 years at the time of the subsequent special or general election and no other pre-registrant shall be allowed to vote until the pre-registrant obtains full age unless otherwise permitted by law.

SECTION 11. Said chapter 51 is hereby further amended by inserting after section 47C the following section:-

Section 47D. If after examination of an affidavit of registration it appears to the registrars that the person has all the qualifications to be registered as a voter except that such person is currently incarcerated for a felony conviction and the person has obtained the age of 16, then the registrar shall enter the person's name in the current annual register of voters with the designation “pre-registrant” or such other term or code as may be specified by the state secretary. The designation shall be removed when the person is released from incarceration for such felony conviction. No person preregistered under this section shall be allowed to vote until such person is no longer incarcerated for such felony conviction unless otherwise permitted by law.

SECTION 12. Section 64 of said chapter 51, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words “section 47A” and inserting in place thereof the following words:- sections 47A and 47D.

SECTION 13. Said section 64 of said chapter 51, as so appearing, is hereby further amended by adding the following paragraph:-

The state secretary shall maintain an online portal with the necessary system to allow a qualified voter to request an early or absentee ballot on the state secretary’s website, to be mailed to the qualified voter’s home address or a different mailing address as designated by the voter. The system shall not require the voter’s signature. This online portal shall also provide updates of (i) current status of the early or absentee ballot application, and (ii) current status of a mailed ballot for any annual or special municipal or state election. The requirements in this paragraph shall apply for any annual or special municipal or state election

SECTION 14. Section 25B of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out subsections (b) to (q), inclusive, and inserting in place thereof the following subsections: -

(b) Any qualified voter wanting to vote early by mail may file with his or her local election official an application for an early voting ballot. Any form of written communication evidencing a desire to have an early voting ballot be 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 fourth business day preceding any annual or special municipal or state election.

(c)(1) The state secretary shall, not later than the sixtieth day preceding any annual or special municipal or state election, mail to all registered voters at their residential addresses or mailing addresses if different from their residential addresses listed in the central registry of voters set forth in section 47C of chapter 51 an application for said voter to be permitted to vote early by mail for any annual or special municipal or state election; provided, however, that the state secretary shall not send an application to any voter whose application for an absent or early ballot has already been accepted for any annual or special municipal or state election in a calendar year.

(2) If the sixtieth day preceding any annual or special municipal or state election, falls on a legal holiday or a non-business day, the state secretary shall begin the proceedings in subsection (1) on the preceding business day.

(3) The election officers and registrars of every city or town shall include an application for a voter to be permitted to vote early by mail with the acknowledgement notice sent to any person registering to vote or changing their voter registration address on or after the sixtieth day preceding any annual or special municipal or state election and on or before the tenth day preceding the same election.

(4) The applications required pursuant to this subsection shall be in a form prescribed by the state secretary in accordance with state and federal law; provided, however, that said applications shall: (i) include clear instructions for completing and returning the application; (ii) allow a voter to designate the mailing address to which the ballot shall be sent; and (iii) be pre-addressed to the local election official with postage guaranteed.

(5)(i) Each application mailed pursuant to this subsection shall be provided in any language required by the bilingual election requirements of the federal Voting Rights Act, 52 U.S.C. § 10503.

(ii) Each application mailed to a voter in the city of Boston pursuant to this subsection shall include an option, which shall appear prominently on the application, to request a ballot printed in any language available at the voter’s polling location pursuant to chapter 166 of the acts of 2014.

(6) The applications required pursuant to this subsection shall be made available on the websites of the state secretary and the election officers and registrars of every city or town.

(d)(1) A voter wishing to vote early by mail in any annual or special municipal or state election shall complete the application to vote early by mail and shall return said application to the appropriate city or town clerk. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting for the primary election shall be given the same effect as an application made in the form prescribed by the state secretary. Applications to vote early by mail for any annual or special municipal or state election shall be acceptable if they are signed or submitted electronically; provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature.

(2) No application to vote early by mail in any annual or special municipal or state election shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 P.M. on the sixth day preceding any annual or special municipal or state election.

(3) A voter wishing to vote early by mail at any annual or special municipal or state election shall complete the application and shall return said application to the appropriate city or town clerk. Applications to vote early by mail for any annual or special municipal or state election shall be acceptable if they are signed or submitted electronically; provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature.

(e)(1) Early voting ballots authorized pursuant to this section shall be mailed by the city or town clerk to voters as soon as such materials are available; provided, however, that said mailing shall include: (i) instructions for early voting; (ii) instructions for completing the ballot; (iii) an inner envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter; and (iv) an outer envelope that is pre-addressed to the local election official with postage guaranteed; provided, however, that a voter who has seasonably filed an application may receive an early voting ballot in person at the office of the city or town clerk. The state secretary shall seek to have included on the outer envelope with postage guaranteed required by this section a system which generates a postmark for determining the date upon which the envelope was mailed and, if such a postmark system cannot be implemented, the state secretary shall inform the clerks of the senate and house of representatives of efforts undertaken and impediments to developing such a system.

(2) Each early voting ballot authorized pursuant to this section shall be provided to the voter in the language required pursuant to paragraph (5) of subsection (d).

(3) A voter in receipt of an early voting ballot for any annual or special municipal or state election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(4) Each municipality shall maintain at least one secured municipal ballot drop box in a public location that is accessible to voters for not less than twelve hours each day, including business hours. A municipality with more than fifteen thousand registered voters shall maintain at least one secured municipal ballot drop box for each fifteen thousand registered voters during any voting by mail period. Locations for municipal ballot drop boxes shall be selected by the select board, town council or city council to prioritize places: (i)

Proximity no further than twenty-five hundredths (0.25) of a mile to public transportation and availability of parking; (ii) equitable distribution across population centers; (iii) access for persons with disabilities; and (iv) use of public buildings. A municipality shall maintain such ballot drop boxes from the beginning of early voting period on any annual or special municipal or state election through the hour fixed for the closing of the polls for any annual or special municipal or state election. If a municipality registers a voter increment of ten thousand new voters, it may apply to the state secretary for waiver of the requirement to maintain an additional secured municipal ballot drop box for such population. The state secretary shall grant a waiver application made under this paragraph upon a determination that such waiver would serve the public interest.

(f)(1) All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box as provided in paragraph (4) of subsection (e) shall be received by the city or town clerk before the hour fixed for closing the polls on the day of any annual or special municipal or state election; provided, however, that an early voting ballot cast for the general election that is received not later than 5 P.M. the third day following the election day and mailed on or before three days preceding the same election shall be processed in accordance with the second paragraph of section 95 of chapter 54 of the General Laws. A postmark, if legible, shall be evidence of the time of mailing.

(2) A voter wishing to apply to vote early by mail in any annual or special municipal or state election, and who needs accommodation by reason of disability, may request such accommodation from the state secretary. Upon receiving information from the voter pursuant to the application in this section either by phone or electronically, the state secretary shall grant accommodations to the voter. Accommodations shall include, but not be limited to: (i) clear and electronic accessible instructions for completion, printing and returning of the ballot; (ii) 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; (iii) an envelope to return the ballot to the voter’s town or city clerk; and (iv) hole punched markers in place of a wet signature required for certification. 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 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 an early voting ballot for any annual or special municipal or state election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(3) The election officers and registrars of every city or town shall allow any qualified voter to cast an early ballot by mail for any annual or special municipal or state election held at the same time, manner, and location prescribed in this section based on the residential address of any eligible voter.

(4) At least 26 days prior to any annual or special municipal or state election, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (1) official early voting ballots, similar to the official ballot to be used at the election; and (2) envelopes of sufficient size to contain the ballots specified in clause (1) bearing on their reverse the voter's affidavit in compliance with the requirements of paragraph (1) of subsection (e).

(6) The voting period for in-person early voting shall run from the eleventh business day preceding to any annual or special municipal or state election, until the close of business on the business day preceding the business day before the election; provided, however, that if the eleventh business day before the election falls on a legal holiday the early voting period shall begin on the first business day prior to the legal holiday. The voting period for early voting by mail shall begin as soon as all necessary early voting materials have been received by the local election official pursuant to paragraph (4) of subsection (f).

(g)(1) For Saturdays and Sundays during an early voting period held pursuant to paragraph (f)(5) early voting facilities shall be open to the public at least as follows: (i) for municipalities with fewer than 5,000 registered voters, for a period of a minimum of 2 hours each day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered voters, for a period of a minimum of 4 hours each day; (iii) for municipalities with 20,000 or more registered voters but fewer than 40,000 registered voters, for a period of a minimum of 5 hours each day; (iv) for municipalities with 40,000 or more registered voters but fewer than 75,000 registered voters, for a period of a minimum of 6 hours each day; and (v) for municipalities with 75,000 or more registered voters, for a period of a minimum of 8 hours each 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, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph.

(2) Each city and town shall establish an early voting site for any annual or special municipal or state election that shall include the election office for the city or town; provided, however, that if the city or town determines that the office is unavailable or unsuitable for early voting in either the primary election or general election, the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building within that city or town as an early voting site. A city or town may also provide for additional early voting sites for the primary election or general election at the discretion of the registrars for that city or town. Each early voting site shall be accessible to persons with disabilities in accordance with federal law.

(3) In towns or cities with 30,000 residents or more, the municipal legislative body, in consultation with the city or town clerk, shall place at least one early voting site within twenty-five hundredths (0.25) of a mile of a Massachusetts Bay Transportation Authority or regional transit authority stop for any annual or special municipal or state election. Each early voting site shall be accessible to persons with disabilities in accordance with federal law.

(h)(1) The registrars for each city or town shall prepare a list for the early voting sites, containing the names and residences of all persons qualified to vote at each voting site, as the names and residences appear upon the annual register, and shall reasonably transmit the applicable list to the election officers at each early voting site designated by the registrars.

(2) The designation of early voting sites for any annual or special municipal or state election shall be made not later than twenty-five days before the early voting period, and the registrars for each city or town shall, within a week of such designation, publish the location of the early voting sites as well as the applicable dates and hours. Notice shall be conspicuously posted: (i) in the office of the city or town clerk 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.

(i) Notwithstanding any general or special law to the contrary, any absent ballot cast pursuant to section 86 of chapter 54 of the General Laws or any early voting ballot cast pursuant to this section may be deposited into a tabulator or a ballot box in a municipality or precinct that uses paper ballots, in advance of the date of annual or special municipal or state election. All ballots received pursuant to this section may be opened in advance of the date annual or special municipal or state 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 any annual or special municipal or state election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56 of the General Laws.

SECTION 15. Section 86 of said chapter 54, as so appearing, is hereby amended by adding the following 2 paragraphs:-

A voter in any city or town within the Commonwealth that requires bilingual ballots shall be entitled to apply for and receive papers, explanatory matter, and instructions in bilingual form as provided in section eight-seven. For all translated ballots in languages that do not use the Roman alphabet, including but not limited to Chinese and Khmer, the state secretary shall provide for the transliteration of all candidates’ names as part of the bilingual ballot in consultation with language-minority community groups and media. Transliteration means the representation of a candidate's name with non-alphabetic characters, in a language that does not use the Roman alphabet, according to the same standards used to transliterate city, county or state names on the bilingual ballot: 1) Standard representations of common names shall be used as can be found in dictionaries; 2) Less common names shall be represented by characters that approximate the phonetics of a name in consultation with language-minority civic organizations or the media.

All candidates shall be provided with a written copy of the proposed transliteration of such candidate’s name. Within seven days of receiving the proposed transliterations of such candidate’s name, that candidate may provide written notice to the state secretary of a modification of the proposed transliteration of candidate’s own name or decline to have candidate’s own name transliterated on the ballot. If a candidate does not respond, the state secretary shall proceed to use the transliterated name assigned. The state secretary shall have final approval of the transliteration and provide public notice of official transliterated names as soon as practicable to relevant civic organizations and ethnic media to ensure consistency

SECTION 16. Section 87 of said Chapter 54, as so appearing, is hereby amended by adding the following paragraph:-

Upon application by a voter who resides in any city or town within the Commonwealth that requires bilingual ballots, the state secretary shall prepare and furnish all papers, explanatory matter, and instruction required by this section in bilingual form. Transliteration of all candidates’ names shall be completed as provided for in section eighty-six.

SECTION 17. Section 89 of said chapter 54, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any form of written communication evidencing a desire to have an absent voting ballot be sent for use for voting at an any annual or special municipal or state election shall be given the same effect as an application made in the form prescribed by the state secretary. No application for an absent voting ballot to be sent by mail shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or before the fourth business day preceding any annual or special municipal or state election for which the ballot is being requested. No application for an absent voting ballot to be voted in person shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or before noon on the day preceding the election for which such absent voting ballot is requested; provided, however, that if the day preceding such election is a Sunday or legal holiday, then it shall be received by such clerk or registrars before 5 P.M. on the last previous day on which such office is open. An application by a voter admitted to a health care facility after noon of the seventh day before any annual or special municipal or state election, as provided in subsection (c) of section 91B, may be received up until the time the polls close.

SECTION 18. Section 91B of said chapter 54, as so appearing, is hereby amended by striking out, in line 21, the words “after noon of the fifth” and inserting in place thereof the following words:- on or after the seventh.

SECTION 19. Section 92 of said chapter 54, as so appearing, is hereby amended by striking out, in line 11, the words “eighty-seven, or” and inserting in place thereof the following words:- 87; via a secured municipal drop box, where provided; or.

SECTION 20. Chapter 149 of the General Laws is hereby amended by striking out section 178, as so appearing, and inserting in place thereof the following section:-

Section 178. (a) For purposes of this section, the terms ''employer'' and “employee” shall be defined as in section 1 of chapter 175M.

(b) If an employee who is a registered voter does not have sufficient time outside of a working hour, within which to vote during any annual or special municipal or state election, the employee may, without loss of pay for up to two hours, take off as much working time as will, when added to voting time outside the employee’s working hours, enable the employee to vote at any annual or special municipal or state election.

(c)(1) If an employee has four consecutive hours either between the opening of the polls and the beginning of a working shift, or between the end of the employee's working shift and the closing of the polls, the employee shall be deemed to have sufficient time outside his or her working hours within which to vote. If the employee has less than four consecutive hours the employee may take off as much working time as will, when added to the employee’s voting time outside of working hours, enable the employee to vote, but not more than two hours of which shall be without loss of pay; provided, however, that the employee shall be allowed time off for voting only at the beginning or end of a working shift, as the employer may designate, unless otherwise mutually agreed.

(2) If the employee requires working time off to vote the employee shall notify the employer not more than ten nor less than two working days before the day of any annual or special municipal or state election that the employee requires time off to vote in accordance with the provisions of this section.

(3) Not less than ten working days before every any annual or special municipal or state election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.

SECTION 21. Notwithstanding any general or special law to the contrary, the chief justice of the supreme judicial court shall develop form language relative to voter registration status on conviction, and such language shall be included in sentencing instructions read by a judge to a defendant. Such language shall be disseminated to district and superior court judges sitting in criminal sessions.

SECTION 22. The offices of correction shall submit implementation plans, detailing compliance as a voter registration agency pursuant to this act, to the executive office of public safety and security not later than January 1, 2022. Such plans shall include, but not be limited to: (i) defining which staff members in each correctional facility shall be responsible for providing voter information to incarcerated persons; (ii) incorporating voter registration procedures in accordance with intake processes and reentry programming; (iii) methods for notifying persons incarcerated for misdemeanors of their right to continue voting while incarcerated; (iv) ensuring access to absentee ballot requests and submissions for individuals incarcerated for misdemeanors; and (v) methods of providing access to online voter registration.

SECTION 23. The state secretary shall develop and implement a program to educate attorneys, judges, election officials, correction officials, including parole and probation officers, and members of the public on the requirements of this act. Such program shall include, but not be limited to: (i) informing judges of their obligation to notify defendants of the potential loss and restoration of their voting rights, in accordance with section 6; (ii) informing probation and parole officers of their responsibility to notify probationers that their right to vote has been restored; (iii) developing a single publication which provides accurate and complete information to be shared publicly regarding the voting rights of persons who have been convicted of a felony or a misdemeanor.

SECTION 24. There shall be an advisory committee regarding the implementation of Election Day registration. Among other issues it may consider, the advisory committee shall study the resources necessary and recommended procedures for implementation of the policy. The advisory committee shall be comprised of the secretary of state, or a designee, who shall chair the advisory committee; the attorney general, or a designee; the house and senate chairs of the joint committee on election laws, or their designees; 2 representatives of the Massachusetts Town Clerks Association, at least 1 of whom shall be a town clerk from a town of under 5,000 residents, and 2 representatives of the Massachusetts City Clerks Association and 3 citizen representatives designated by the nonpartisan voter education organizations Massachusetts Voter Education Network (Mass VOTE), Common Cause, and the League of Women Voters of Massachusetts. The advisory committee shall complete its study on the implementation of election day registration and submit an interim report and recommendations for improving administration of election day registration, in writing, to the joint committee on election laws and the senate and house committees on ways and means on or before June 30, 2022, and the advisory committee shall submit its final report in writing to the joint committee on election laws and the senate and house committees on ways and means on or before June 30, 2023.

SECTION 25. Sections 3 through 8, inclusive, of this act shall take effect on July 1st, 2023.

SECTION 26. Sections 24 shall take effect within 60 days of passage.

Name:	District/Address:
Sonia Chang-Diaz	Second Suffolk
James B. Eldridge	Middlesex and Worcester	4/25/2021
Kay Khan	11th Middlesex	5/11/2021