Bill H.3918

HOUSE DOCKET, NO. 3894 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 3918

By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 3918) of Kate Lipper-Garabedian and Jason M. Lewis relative to the composition of the boards of registrars of voters. Election Laws.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act reforming the composition of the boards of registrars of voters.

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 15 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof, the following 3 paragraphs:-

As the terms of the several registrars expire, and in case a vacancy occurs in the board of registrars of voters, the selectmen or the appointing authority shall so appoint their successors in the following manner: (i) that as nearly as possible the members of the board shall represent the 2 leading political parties and voters with an unenrolled designation, as defined in section 1 of chapter 50 and section 38 of chapter 53; provided, that a city or town clerk need not be enrolled in a political party; and (ii) that in no case shall an appointment be made as to cause a board to have more than 2 members, including the city or town clerk, of the same political party or unenrolled designation.

Every such appointment shall be made in a town by the selectmen or the appointing authority as follows: (i) for each member of the leading political parties from a list to be submitted to them by the town committee of the political party from the members of which the position is to be filled, containing the names of 3 enrolled members of such party resident in the town, selected by a majority vote at a duly called meeting, at which a quorum is present, of such committee; (ii) for each unenrolled member, the selectmen or appointing authority shall choose a resident in the town with said unenrolled designation, and confirm this designation with the town Clerk. If such member subsequently registers a political designation that is a political party as defined in section 1 of chapter 50, the member’s office shall be considered vacant and may only be filled by an unenrolled member who has a made a political designation that is not a political party in accordance with this section.

EEvery member of a board of registrars of voters shall serve until the expiration of their term and until their successor has qualified; provided, however, if the chair of the town committee has not submitted such list to the selectmen or the appointing authority within 45 days after a notification to said chair by certified mail, the selectmen or the appointing authority shall make said appointment without reference to such a list.

SECTION 2. Said chapter 51 is hereby further amended by striking out section 16A and inserting in place thereof the following section:-

Section 16A. (a) In every city except Cambridge and every town which accepts this section in the manner hereinafter provided, there shall be a board of election commissioners, hereinafter called the board, which, except as otherwise provided, shall have all the powers, rights, duties and liabilities of boards of registrars of voters, and, with respect to elections, of city and town clerks, either under general or special law, and which shall be the lawful successor of said registrars, and, with respect to elections, said clerk. Immediately upon such acceptance, the said registrars of voters and, in so far as they relate to, or are required for use in, the conduct of elections, the said clerk shall deliver to the board all books, papers, records and all other property in their possession.

(b) The board shall consist of 4 persons. As nearly as possible the members of the board shall represent the 2 leading political parties and voters with an unenrolled designation, as defined in section 1 of chapter 50 and section 38 of chapter 53. They shall receive such compensation as the city manager, or mayor, and city council, or the town, may determine. The members of the board of registrars of voters

in office at the time of such acceptance shall be members of said board of election commissioners, and shall serve until the expiration of their respective terms and until their successors are appointed and qualified; provided, that, if the city or town clerk is then a member of said board of registrars, the mayor, subject to approval by the board of aldermen, the city manager, or the selectmen shall appoint 1 member of said board of election commissioners for a term of 4 years beginning April first next following.

(c) As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the mayor, subject to approval by the board of aldermen, the city manager or the selectmen, shall so appoint their successors in the following manner: (i) that as nearly as possible the members of the board shall represent the 2 leading political parties and voters with an unenrolled designation, as defined in section 1 of chapter 50 and section 38 of chapter 53; provided, that a city or town clerk need not be enrolled in a political party; and (ii) and provided further, that in no case shall an appointment be made as to cause a board to have more than 2 members, including the city or town clerk, of the same political party or unenrolled designation.

(d) In a town which accepts this section, every such appointment shall be made in the following manner: (i) for members from leading political parties, from a list to be submitted by the town committee of the political party from the members of which the position is to be filled, containing the names of 3 enrolled members of such party resident in the town, selected by a majority vote at a duly called meeting, at which a quorum is present, of such committee; and (ii for each unenrolled member, the Mayor shall choose a resident in the town with said unenrolled designation, and confirm this designation with the town Clerk. If such member subsequently makes a political designation that is a political party as defined in section 1 of chapter 50, the member’s office shall be considered vacant and may only be filled by a member who has a made a political designation that is not a political party in accordance with this section.

(e) EEvery member of said board shall serve until the expiration of their term and until their successor has qualified; provided, however, if the chair of the town committee has not submitted such list to the selectmen or the appointing authority within 45 days after a notification to said chairman by certified mail, the selectmen or the appointing authority shall make said appointment without reference to such a list.

(f) Such appointments shall be for terms of 4 years beginning April first, except that any appointment to fill a vacancy shall be for the unexpired term.

(g) The board shall organize annually in the month of April by the choice of a chair and a secretary. In case the members are unable to agree upon a chair and a secretary, such officers shall be designated by the mayor, the city manager or the selectmen, as the case may be. The secretary shall keep a full and accurate record of the proceedings of the board and shall perform such other duties as the board may require.

(h) All the powers, rights, privileges, liabilities and duties relating to caucuses, primaries and elections by law vested in and imposed upon mayors, city managers, boards of aldermen, selectmen, city or town clerks and board of registrars of voters, except the power and duty of giving notice of elections and fixing the days and hours of holding the same, shall be vested in and performed by the board of election commissioners. The board may appoint such assistant commissioners and such assistants as it deems

necessary, who shall at all times equally represent the two leading political parties as defined as aforesaid. Said assistant commissioners shall have such powers and perform such duties as are prescribed by this chapter for assistant registrars of voters, and shall perform such other duties as the board may require. Except in Boston, persons appointed to serve temporarily as assistant commissioners, or as temporary assistant commissioners, shall not be subject to chapter 31.

(i) This section shall become effective in a city having a Plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities, by vote of the city council, subject to the provisions of the charter, and in a town by a majority vote at an annual town meeting.

SECTION 3. Said chapter 51 is hereby further amended by striking out section 18 and inserting in place thereof the following section:-

Section 18. In the original and in each succeeding appointment and in filling vacancies, registrars of voters shall be so appointed as follows: (i) that as nearly as possible the members of the board shall represent the 2 leading political parties and voters with an unenrolled designation, as defined in section 1 of chapter 50 and section 38 of chapter 53; provided, that a city or town clerk need not be enrolled in a political party; and (ii) that in no case shall an appointment be made as to cause a board to have more than 2 members, including the city or town clerk, of the same political party or unenrolled designation.

Name:	District/Address:	Date Added:
Kate Lipper-Garabedian	32nd Middlesex	1/20/2023
Jason M. Lewis	Fifth Middlesex	2/7/2023