SENATE DOCKET, NO. 739        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1013

The Commonwealth of Massachusetts

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PRESENTED BY:

John F. Keenan

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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 protect election workers.

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PETITION OF:

SENATE DOCKET, NO. 739        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1013

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 to protect election workers.

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 56 of the General Laws is hereby amended by inserting, after section 48, the following section:-

Section 48A. Protecting Poll Workers

(a) Terms used in this section shall be construed as follows, unless a contrary intention clearly applies:-

“Election worker” shall apply to any person working full time, part time or under contract, whether paid or unpaid, for the commonwealth of Massachusetts or any municipality and who is performing duties and activities in connection with, and in the furtherance of, the administration of elections as contained in chapters 50 to 56 inclusive.

“Election duties” shall apply to duties and responsibilities required or authorized by law to administer and conduct elections as provided in chapters 50 through 56 inclusive.

“Family members” shall apply to an election worker’s spouse, child, parent, or any person residing in their same household.

“Personal information” shall apply to an election worker’s home address, personal phone number(s), personal email address, personal motor vehicle, motor vehicle number plate, photograph and image of the election worker, their home and motor vehicle.

(b) It shall be unlawful for a person to knowingly harass, threaten, coerce or intimidate or attempt to harass, threaten, coerce or intimidate an election worker with the intent to impede or interfere with them while they are engaged in the performance of their duties or with the intent to retaliate against the election worker on account of the election worker’s performance of their official duties.

The conduct or acts described in this section shall include, but not be limited to, conduct or acts conducted in person, by gesture, verbally, by mail and by use of a telephonic and telecommunication device and electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data and intelligence of any nature transmitted in whole and in part by a wire, radio, electromagnetic, photo electronic and photo optical system, including, but not limited to, electronic mail, internet communications, cell phone communications, instant messages and facsimile communications.

(c) It shall be unlawful for a person to knowingly make available on the internet personal information about an election worker or family members of an election worker if the dissemination of personal information promotes harassment, threats, coercion and intimidation or poses an imminent and serious threat to the safety of the election worker or their family member.

(d) Whoever shall be guilty of the crime under this section shall be punished by imprisonment for not more than four years or by a fine of not more than $10,000 or both.

(e) Whoever, after having been convicted of the crime under this section, commits a second or subsequent such crime under this section, shall be punished by imprisonment for not more than ten years or by a fine of not more than $25,000 or both.