Amendment #8 to H3772

An Act to Secure Election Integrity

Mr. Lombardo moves to amend the bill

SECTION 1.  Chapter 54 of the General Laws is hereby amended by striking out section 76B as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 76B.  (a) A person desiring to vote, who fails to present valid photo identification when so requested by an election officer, shall not be permitted to vote.

(b) A person shall meet the requirements of this section and be permitted to vote:

(1) in the case of a person who votes in person: presents to the appropriate election officer a current and valid photo identification and, if requested by an election officer, appropriate proof of address such as a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or

(2) in the case of a person who votes by absentee ballot, submits with the ballot a copy of a current and valid photo identification.

(c)  A person who desires to vote in person but does not satisfy clause (1) of paragraph (b) may cast a provisional ballot under section 76C, which shall only be counted if said person complies with the provisions of clause (1) of paragraph (b) within the time allotted in section 76(C).

(d)  A person who desires to vote by absentee ballot but who does not meet the requirements of clause (2) of paragraph (b) may return the absentee ballot by mail, and the ballot shall be treated as a provisional ballot pursuant to section 76C, which shall only be counted if said person complies with the provisions of clause (2) of paragraph (b) within the time allotted in section 76C.

(e)  Nothing herein shall prevent a ballot from being challenged under section 85.

(f)  This section shall not apply to a person 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.

(g)  Valid photo identification shall include Massachusetts Drivers License, Massachusetts ID as issued by the Registry of Motor Vehicles, U.S Passport, U.S. Military ID, U.S. Citizenship Certificate, Massachusetts License to Carry Firearms, Valid tribal photo ID, and Valid employee ID card containing a photograph from any branch, department, agency, or entity of the U.S. Government

(h)  Any person who has not already been issued an unexpired driver’s license or photo identification from the Registry of Motor Vehicles, and who affirms that he or she cannot afford such a photo identification, shall be entitled to a waiver of the fee associated with obtaining a photo identification from the Registry of Motor Vehicles.