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HOUSE DOCKET, NO. 2473         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2731

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_______________

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 requiring photo identification for voting.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

Marc T. Lombardo

22nd Middlesex

Donald F. Humason, Jr.

4th Hampden

Angelo L. D'Emilia

8th Plymouth

Kimberly N. Ferguson

1st Worcester

Randy Hunt

5th Barnstable

Geoff Diehl

7th Plymouth

F. Jay Barrows

1st Bristol

Shaunna O'Connell

3rd Bristol

Susan Williams Gifford

2nd Plymouth

George T. Ross

2nd Bristol

Donald H. Wong

9th Essex

Richard Bastien

2nd Worcester

Daniel K. Webster

6th Plymouth

Todd M. Smola

1st Hampden

Kevin J. Kuros

8th Worcester

Ryan C. Fattman

18th Worcester

Sheila C. Harrington

1st Middlesex

Daniel B. Winslow

9th Norfolk

Matthew A. Beaton

11th Worcester

Nicholas A. Boldyga

3rd Hampden

Steven L. Levy

4th Middlesex

David T. Vieira

3rd Barnstable

Bruce E. Tarr

 

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth


HOUSE DOCKET, NO. 2473        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2731

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2731) of Bradley H. Jones, Jr. and others for legislation to require photo-identification for persons voting in elections.  Election Laws. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 587 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act requiring photo identification for voting.
 

              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 76 of chapter 54 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, by striking out, in line 2, the words “and, if requested,” and inserting in place thereof the following:-- “, valid photo identification issued by the commonwealth of Massachusetts or the government of the United States, as defined in section 76B, and”.

              SECTION 2. Chapter 54 of the General Laws, as so appearing, is hereby amended, by striking out section 76B in its entirety and inserting in place thereof the following section:--

              “Section 76B. (a) For the purposes of this chapter, “valid photo identification” shall mean a document that:

              (1)   shows the name of the individual to whom the document was issued, and the name conforms to the name of the individual’s voter registration record;

              (2)   shows a photograph of the individual to whom the document was issued;

              (3)   includes an expiration date, and the document is not expired or expired after the date of the most recent general election; and

              (4)   was issued by the commonwealth of Massachusetts or the government of the UnitedStates.

              (b) (1) A person seeking to vote that does not provide sufficient valid photo identification as defined in subsection (a) of this section may be challenged under section 85 of this chapter.

              (2) A person seeking to vote that does not provide valid photo identification as defined under subsection (a) of this section may cast a provisional ballot under section 76C.

              (c) Nothing in this section shall be construed to deny the rights of any individual who:

              (1) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sections 1973ff-1 et seq.;

              (2) is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. section 1973ee-1(b)(2); or

              (3) is otherwise entitled by federal law to vote otherwise than in person.”.

              SECTION 3: Section 76C of Chapter 54 of the General Laws, as so appearing, is hereby amended, by adding after subsection (k) the following new subsection:--

              “(l) A voter who fails to provide valid photo identification as defined under section 76B and casts a provisional ballot shall be required to provide such identification in person to the city or town clerk, or elections board or commission, of the municipality in which they reside, within 8 business days from the date of the election in which the provisional ballot was cast. A voter who fails to provide such identification in the time specified shall forfeit that vote, and that provisional ballot shall be discarded.”.

              SECTION 4: Section 92 of chapter 54 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, by adding in line 5, after the words “eighty-seven,” the following words:--  “as well as enclosing in the same envelope a copy of a valid photo identification as defined in section 76B of this chapter,”.

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