Bill SD.2441

SENATE DOCKET, NO. 2441 FILED ON: 1/17/2025

SENATE . . . . . . . . . . . . . . No.

[Pin Slip]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act upgrading elections infrastructure, improving voting access, and reducing municipal burden.

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 2 of chapter 50 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding, in line 10, after the word “caucuses” the following words:- . The secretary shall create, implement and maintain a centralized digital system into which each city and town clerk shall input preliminary results for each presidential or state primary or election and which results shall be publicly viewable on the secretary’s website on a single page immediately after input.

SECTION 2. Section 1F of chapter 51 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 7, the word “tenth” and inserting in place thereof the following word:- seventh.

SECTION 3. Section 10 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 20, 21, 32, and 38, the word “thirty-fifth” each time it appears and inserting in place thereof, in each instance, the following word:- forty-second.

SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby amended by striking out, in line 1, the words “forty-two H” and inserting in place thereof the following word:- 42H.

SECTION 5. Said section 26 in said chapter 51, as so appearing, is hereby further amended by striking out, in lines 8 and 9, the words “thirty-four and fifty” and inserting in place thereof the following words: 34 and 50.

SECTION 6. Said section 26 in said chapter 51, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the word “tenth” each time in appears and inserting in place thereof, in each instance, the following word: seventh.

SECTION 7. Said section 26 in said chapter 51, as so appearing, is hereby further amended by striking out, in line 14, the words “forty-two G” and inserting in place thereof the following words:- 42G.

SECTION 8. Section 42G½ of said chapter 51, as so appearing, is hereby amended by striking out, in line 74, the figure “10” and inserting in place thereof the following figure:- 7.

SECTION 9. Section 44 of said chapter 51, as so appearing, is hereby amended, in line 7, by inserting after the words “voter registration” the following words:- . A person registering as a voter may, at the same time, establish their status as a permanent mail voter, as provided in section 25C of chapter 54, by indicating their desire to elect such status on the affidavit of voter registration.

SECTION 10. Said chapter 51, as so appearing, is hereby amended by striking out section 47C and inserting in place thereof the following section:-

Section 47C. (a) The secretary of state shall maintain a central registry of voters in accordance with this section.

(b) Information contained in the central registry shall be provided by the registrars or equivalent in the commonwealth’s cities and towns.

(c) The central registry shall contain, without limitation, the following information about each registered voter in the commonwealth: (1) full name; (2) former name, if any; (3) residential address; (4) date of birth; (5) political party enrollment or designation; and (6) effective date of registration.

(d) The central registry may contain, without limitation, the following information about residents of the commonwealth age 16 and over: (1) full name; (2) former name, if any; (3) residential address on January first in the current year; (4) residential address on January first in the preceding year; (5) date of birth; (6) occupation; (7) veteran status; and (8) nationality, if not a citizen of the United States, for street list purposes only.

(e) The central registry shall be digitally maintained using the most advanced applicable technology reasonably available to the state secretary.

(f) The information contained in the central registry pursuant to paragraph (c) shall be: (1) available to state party committees, statewide candidate committees, state ballot question committees, the jury commissioner, adjutant general and any other individual, agency or entity that the state secretary shall designate by regulation consistent with the purposes of this section, at a fair and reasonable cost not to exceed the cost of printing in hard copy, if requested, or issuing computer-readable data files; and (2) provided by the state secretary to the election officials at each polling place in the commonwealth in digital format sufficient to allow for designated election officials to conduct real-time searches of the registry and to modify a voter’s registration information upon presentation by the voter of appropriate documentation to justify the modification. The names and addresses contained in the central registry shall not be a matter of public record.

(g) The state secretary shall use all reasonable efforts to secure federal funding to maintain the central registry consistent with the provisions of this section and provide its information as required in paragraph (f).

(h) The state secretary shall maintain an agreement with the Electronic Registration Information Center, Inc. on behalf of the commonwealth that shall specify the terms and conditions of the commonwealth’s membership in the Center. The agreement shall include terms providing for the periodic sharing of data between the central registry, the registry of motor vehicles and any other automatic voter registration agency as designated by the secretary, and the Center, including, but not limited to, voter names and addresses.

(i) The state secretary shall adopt regulations governing the operation of the central registry consistent with the provisions of this section.

SECTION 11. Section 60 of said chapter 51, as so appearing, is hereby amended by adding at the end thereof the following sentence:- An electronic voting list may be used as the primary voting list by a city or town clerk and at a ward, voting precinct, polling place or town for any preliminary, primary or election; provided, however, that a paper copy of a voting list may be used as a primary or duplicate list; and provided further, that the city or town clerk shall have sole discretion over the format of the voting list used.

SECTION 12. Section 65 of said chapter 51, as so appearing, is hereby amended by striking out subparagraph (3) of paragraph (d) and inserting in place thereof the following paragraph:-

(3) The registrars shall notify each person under paragraph (1) of the person’s opportunity to: (i) decline to register to vote; (ii) adopt a political party affiliation, in which case the person shall also sign an eligibility requirement acknowledgement and attestation; and (iii) become a permanent mail voter as provided in section 25C of chapter 54. Such notification shall be provided in English and Spanish and any additional languages to be determined by the state secretary. The registrars shall include with such notification a postage guaranteed permanent mail voter status request form, as provided in section 25C of chapter 54.

SECTION 13. Section 28 of chapter 53 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

State primaries shall be held on the second Tuesday in June in even-numbered years and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the sixth Tuesday preceding said elections. If a religious holiday falls on or immediately before the second Tuesday in June in an even-numbered year, the state primary shall be held on a date set by the general court within seven days of the second Tuesday in June. The state secretary shall publish the date of the state primary not later than February 1 of each even-numbered year by: (i) providing notice of the date to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification. Presidential primaries shall be held on the first Tuesday in March in any year in which presidential electors are to be elected. Notwithstanding any provision of law to the contrary, any town may hold its preliminary or regular town elections on the same date designated as the date to hold a presidential primary, in any year in which presidential electors are to be elected, or a state primary, in any even-numbered year, provided that such election is by a ballot independent of the ballot used for a presidential primary or state primary. City and town primaries before all city and town elections shall be held on the 28th day preceding such elections.

SECTION 14. Section 33 of said chapter 53, as so appearing, is hereby amended by adding, in line 3, after the word “printed” the following words:- . If a color has come to be generally known or associated with a political party, the secretary shall use the associated color for the party’s primary ballots.

SECTION 15. Section 24 of chapter 54 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the word “aldermen” each time it appears and inserting in place thereof, in each instance, the following words:- city council.

SECTION 16. Said section 24 of said chapter 54, as so appearing, is hereby further amended by striking out the word “selectmen” each time it appears and inserting in place thereof, in each instance, the following words:- select board or town council.

SECTION 17. Section 25B of said chapter 54, as so appearing, is hereby amended by striking out, in line 24, the words “during the calendar year” and inserting in place thereof the following words:- for a single calendar year or permanently. Any qualified voter may become a permanent mail voter by: (i) filing with the state secretary a permanent mail voter status request in a form prescribed by the secretary and made available in paper and electronic formats; (ii) indicating their request to establish permanent mail voter status on an affidavit of registration as provided in section 44 of chapter 51; or (iii) opting into permanent mail voter status using the secure online portal provided by the state secretary pursuant to this section. A permanent mail voter who is not enrolled in a political party shall select their desired political party primary ballot at the time permanent mail voter status is selected; provided, however, that a permanent mail voter may request a different political party primary ballot for an upcoming election using the secure online portal provided by the state secretary pursuant to paragraph (6); and provided further, that the secretary shall prescribe a form and manner for submission of a paper request that may be used by a permanent mail voter who is not enrolled in a political party to select a different political party primary ballot for an upcoming election.

SECTION 18. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (a)(6) by striking out, in lines 92-96, the words “request that the ballot be mailed to the voter’s home address, or a different mailing address as designated by the voter, or provided electronically if the voter is approved to utilize an accessible electronic ballot as an accommodation under paragraph (4)” and inserting in place thereof the following words:- : (i) establish and terminate their status as a permanent mail voter; (ii) indicate whether the voter would like to vote by mail for preliminaries, primaries or elections, or any combination thereof; (iii) indicate that the voter would like to vote by mail in a single preliminary, primary or election only; (iv) select a desired political party primary ballot, if the voter is not enrolled in a political party; and (v) specify or change the physical address to which the ballot shall be mailed or indicate the ballot should be provided electronically if the voter is approved to utilize an accessible electronic ballot as an accommodation under paragraph (4).

SECTION 19. Said section 25B of said chapter 54, as so appearing, is hereby further amended in paragraph (a)(7)(i) by striking out, in line 109, the words “or (B)” and inserting in place thereof the following words:- (B) each annual or special municipal or state primary or election for which they remain qualified to vote; or (C).

SECTION 20. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 111, the word “need” and inserting in place thereof the following word:- shall.

SECTION 21. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 111, after the word “to” the following words:- (A) a voter who is a permanent mail voter; (B) a voter who indicated they do not want to vote by mail, for the duration of that indication; or (C).

SECTION 22. Said section 25B of said chapter 54, as so appearing, is hereby further amended in paragraph (a)(7)(ii) by striking out, in line 120, the words “and (E)” and inserting in place thereof the following words:- (E) allow a voter to select permanent mail voter status, mail voter status for a single calendar year, or mail voting for preliminaries, primaries or elections, or any combination thereof; (F) indicate that the voter does not want to vote by mail for a period of not more less than one nor more than four years; and (G).

SECTION 23. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 153, the words “appropriate local election officials” and inserting in place thereof the following words:- state secretary.

SECTION 24. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 156, after the word “ballot;” the following word:- and.

SECTION 25. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 156, the word “inner”.

SECTION 26. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 156, the words “; and (iv) an outer envelope that is pre-addressed to” and inserting in place thereof the following words:- , as well as the address of.

SECTION 27. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 161, the word “outer”.

SECTION 28. Said section 25B of said chapter 54, as so appearing, is hereby further amended in paragraph (a)(13) by striking out the second paragraph and inserting in place thereof the following paragraph:-

All early voting ballots delivered in person to the office of the city or town clerk, returned to a secured municipal drop box for the city or town where the voter is registered or returned electronically pursuant to the accommodations granted to a voter by reason of disability under paragraph (4) shall be received by the city or town clerk before the hour fixed for closing the polls on the day of a preliminary, primary or election. All early voting ballots submitted by mail shall be mailed by the voter on or before the day of a preliminary, primary or election and accepted until 5:00 p.m. on the seventh day thereafter, and shall be processed in accordance with section 95. A postmark, if legible, shall be evidence of the time of mailing. 

SECTION 29. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out lines 192 to 205, inclusive, and inserting in place thereof the following paragraph:-

(14) Upon receipt of a completed early voting ballot, the local election official shall examine the completion of the affidavit on the envelope containing the ballot. If the affidavit has been improperly executed or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by this section, the local election official shall mark across the face thereof “Rejected as defective” and shall notify the voter and send the voter a new ballot. If the affidavit has been properly executed, the local election official shall record the date of receipt.

SECTION 30. Said section 25B of said chapter 54, as so appearing, is hereby further amended in subsection (a) by inserting the following new paragraphs:-

(15) The secretary shall maintain a public facing website for the confirmation of receipt and acceptance of early voting ballots. The website shall automatically update based on data inputted into the voter registration information system by local election officials. An early voting ballot properly received pursuant to paragraph (14) shall be identified as “received” on the website. An early voting ballot submitted into a tabulator without issue shall be identified as “accepted” on the website.

(16) A voter may terminate their status as a permanent mail voter at any time by: (i) filing with the state secretary a permanent mail voter termination request in a form prescribed by the secretary and made available in paper and electronic formats; or (ii) so indicating using the secure online portal provided by the state secretary pursuant to paragraph (6).

(17) Not later than January 25 in a year in which a presidential primary is held and not later than April 25 in other even numbered years, the state secretary shall cause to be issued to every permanent mail voter who submitted an email address to the state secretary an email message containing a reminder to voters to reverify their mail voting information, including but not limited to the address or addresses to which a voter’s ballots should be sent and the requested party primary ballot, in the case of voters who are not enrolled in a political party. The email message shall include a link to the portal provided by the state secretary pursuant to paragraph (6).

(18) Each municipality shall maintain at least 1 secured municipal ballot drop box in a public location that is accessible to voters for not less than 12 hours each day, including business hours. A municipality with more than 25,000 registered voters shall maintain at least 1 secured municipal ballot drop box for each 25,000 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, to the extent feasible: (i) proximity 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 earliest date that ballots become available to voters through the hour fixed for the closing of the polls for any annual or special municipal or state primary or election. A municipality with fewer than 5,000 registered voters in excess of any 25,000 registered voter increment 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 the waiver would serve the public interest.

SECTION 31. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out lines 215-257, inclusive, and inserting in place thereof the following paragraphs:-

(2) For a biennial state election and any city or town election held on the same day as a biennial state election, early voting in person shall be conducted not more than 17 days and not less than 4 days preceding the election, as follows: (i) in municipalities with less than 1,000 registered voters, for not less than 8 total hours, including at least 2 weekend hours; (ii) in municipalities with at least 1,000 but not more than 5,000 registered voters, for not less than 16 total hours, including at least 3 weekend hours; (iii) in municipalities with at least 5,000 but not more than 25,000 registered voters, for not less than 24 total hours, including at least 4 weekend hours; (iv) in municipalities with at least 25,000 but not more than 40,000 registered voters, for not less than 32 total hours, including at least 6 weekend hours; (v) in municipalities with at least 40,000 and not more than 75,000 registered voters, for not less than 40 total hours, including at least 8 weekend hours; and (iv) in municipalities with at least 75,000 registered voters, for not less than 48 total hours, including at least 10 weekend hours. A city or town may, at the discretion of the city or town clerk, provide for additional early voting hours beyond the hours required by this paragraph.

(3) For any presidential or state primary and any city or town election held on the same day, or any primary or election held pursuant to section 140 to fill a vacancy for senator or representative in congress and any city or town election held on the same day, early voting in person shall be conducted not more than 10 days and not less than 4 days preceding the primary or election, as follows: (i) in municipalities with less than 1,000 registered voters, for not less than 4 total hours, including at least 1 weekend hour; (ii) in municipalities with at least 1,000 but not more than 5,000 registered voters, for not less than 8 total hours, including at least 2 weekend hours; (ii) in municipalities with at least 5,000 but not more than 25,000 registered voters, for not less than 12 total hours, including at least 3 weekend hours; (iii) in municipalities with at least 25,000 but not more than 40,000 registered voters, for not less than 16 total hours, including at least 4 weekend hours; and (iv) in municipalities with 40,000 or more registered voters, for not less than 20 total hours, including at least 5 weekend hours. A city or town may, at the discretion of the city or town clerk, provide for additional early voting hours beyond the hours required by this paragraph.

SECTION 32. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 289, after the word “registrars” the following words:- . A digital list shall satisfy the requirements of this paragraph.

SECTION 33. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in lines 294-295, the words “and an envelope containing an affidavit, which shall include a notice of penalties under section 26 of chapter 56”.

SECTION 34. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out paragraph (b)(8) and inserting in place thereof the following paragraph:- (8) Upon marking their early voting ballot, the voter shall deposit the ballot into a tabulator.

SECTION 35. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out paragraph (c)(5) and inserting in place thereof the following paragraph:- (5) A voter voting early in person under this subsection shall be provided with a ballot and, upon marking their early voting ballot, the voter shall deposit the ballot into a tabulator.

SECTION 36. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 338, after the word “secretary” the following words:- . A paper list may be required to be printed only on the first day of early voting.

SECTION 37. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 342, after the word “death” the following words:- or move to a different residence within the commonwealth.

SECTION 38. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 362, the words “deliver to each city and town” and inserting in place thereof the following word:- prepare.

SECTION 39. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 369, the words “on their reverse”.

SECTION 40. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 370, the words “; (iii) return envelopes, pre-addressed to” and inserting in place thereof the following words:- and the address of.

SECTION 41. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out, in line 372, the figure “(iv)” and inserting in place thereof the following figure:- (iii).

SECTION 42. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding, in line 378, after the word “tabulator” the following words:- upon receipt or at any other time.

SECTION 43. Said section 25B of said chapter 54, as so appearing, is hereby further amended by adding at the end thereof the following subsection:-

(l)(1) Not later than February 1 in each even numbered year, the commonwealth shall pay to each city and town an amount sufficient to defray 80 per cent of the costs imposed on the city or town under the provisions of this section in each even numbered year, including but not limited to: (i) additional personnel hired to staff early in person voting; (ii) overtime for hourly municipal personnel working outside their normal business hours to staff early in person voting, set up or take down early voting polling locations, process early voting by mail ballots, input data in the voter registration information system, or perform other essential functions related to the operation of a preliminary, primary or election; and (iii) the cost of voting booths, privacy screens, high speed tabulators, voter accessibility machines, and other technology essential to the operation of a preliminary, primary or election.

(2) Not later than February 1 in each odd numbered year, the state auditor shall determine the costs attributed to this section for each city and town during the 3 preceding even numbered years and deliver to the state secretary, the chairs of the joint committee on election laws, the chairs of the house and senate committees on ways and means, and the clerks of the house and senate a report stating the total costs for the 3 preceding even numbered years for each city and town in the commonwealth, the three-cycle average for each city and town, 80 per cent of that average, any anticipated total cost increases in the next even numbered year election cycle, and the data giving rise to those calculations; provided, that the data may be contained in a digital appendix. The state secretary shall include in his budget recommendations for the then-next fiscal year a request for an appropriation in an amount equal to the total estimated municipal costs. The secretary shall distribute to each city or town two disbursements of any such appropriated funds: an initial disbursement consistent with the provisions of paragraph (1); and a subsequent disbursement for the remainder of the costs incurred by each city or town. Funds so distributed to each city or town shall be deposited into the elections operations or other similar fund of the city or town and shall be expended without further appropriation by the city or town to satisfy the costs incurred by it under the provisions of this chapter.

SECTION 44. Section 43 of said chapter 54, as so appearing, is hereby amended by striking out, in line 2, the word “surnames” and inserting in place thereof the following word:- names.

SECTION 45. Section 72 of said chapter 54, as so appearing, is hereby amended by striking out, in line 3, the word “shall” and inserting in place thereof the following word:- may.

SECTION 46. Section 95 of said chapter 54, as so appearing, is hereby amended by adding, in line 2, after the word “tabulator” the following words:- upon receipt or at any other time.

SECTION 47. Said section 95 of said chapter 54, as so appearing, is hereby further amended by adding, in line 35, after the word “the” the following words:- tabulator or.

SECTION 48. Said chapter 54, as so appearing, is hereby amended by adding, after section 95, the following new section:-

Section 95A. Notwithstanding any general or special law to the contrary, city and town clerks shall be permitted to remove early voting by mail ballots from their envelopes and deposit the ballots into a tabulator or ballot box on any day upon which the ballots are timely received, including but not limited to days prior to the close of the voter registration period.

SECTION 49. Said chapter 54, as so appearing, is hereby amended by adding, after section 162, the following new sections:-

Section 163. The state secretary’s name, photograph, likeness, or other personal information shall not be used in any polling place or on any printed voting materials or election information, including but not limited to materials about measures and questions submitted to voters consistent with sections 52, 53 and 54 of this chapter, except to be listed on ballots as a candidate for office.

Section 164. Not later than May 1 of every even numbered year, the state secretary shall conduct comprehensive, culturally competent, and linguistically diverse voter education outreach, both digitally and in paper copy. The voter education information contained in the outreach program shall be updated to reflect any recent changes in elections laws or implementation.

SECTION 50. Not later than December 31, 2025, the state secretary shall approve and implement upgrades to the central registry and the voter registration information system and approve and authorize the usage of electronic poll books. The upgraded voter registration information system shall ensure that all voting methods, including early voting by mail, early voting in person, and absentee voting, can be tracked together.

SECTION 51. There shall be a special commission to examine the automatic voter registration processes of the commonwealth, including the processes implemented via the registry of motor vehicles. The commission shall be comprised of the following members: the president of the Massachusetts town clerks association, or their designee, who shall serve as chair; the secretary of the commonwealth, or their designee; the registrar of motor vehicles, or their designee; the chairs of the joint committee on election laws, or their respective designees; the executive director of common cause Massachusetts; the elections and voting legislative specialists of the league of women voters of Massachusetts; 2 members appointed by the senate president, 1 of whom shall represent a voting rights advocacy organization; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be a city clerk in the commonwealth; and not more than 3 additional members to be appointed by the chair. Not later than April 15, 2026, the commission shall issue a report containing its findings about automatic voter registration process improvements, including but not limited to any recommended legislative changes, to the house and senate committees on ways and means, the chairs of the joint committee on election laws and the clerks of the house and senate. The secretary shall publish the report on his website.

SECTION 52. Not later than June 30, 2026, the state secretary shall 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, a permanent mail voter status request form as provided in section 25B of chapter 54 of the General Laws. The mailing shall: (i) include clear instructions for completing and returning the application; (ii) allow a voter to designate the mailing address to which their ballots shall be sent; and (iii) be pre-addressed to the local election official with postage guaranteed.

Name:	District/Address:
Rebecca L. Rausch	Norfolk, Worcester and Middlesex