Amendment #13, as changed to H4359

Jail Based Voting

Ms. Miranda of Boston moves to amend the bill, as amended, by inserting before section 1 the following section:-

SECTION A. Section 18 ¾ of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, at the end of subparagraph (i) of clause (12), the words “and (H) dates entering and exiting the jail or the date entering the department or house of correction custody, wrap-up release date and actual release date” and inserting in place thereof the following words:- (H) dates entering and exiting the jail or the date entering the department or house of correction custody, wrap-up release date and actual release date; and (I) current status and changes to the voter eligibility status of individuals incarcerated in a correctional facility.

And further amend the bill by inserting after section 1 the following section:-

SECTION 1A. Chapter 51 of the General Laws, as so appearing, is hereby amended by inserting after section 4A the following section:-

Section 4B. As part of the release process leading to the discharge of a person who has been disenfranchised due to a felony conviction, the correctional facility shall provide the person with a voter registration form and a declination form, and shall offer the person assistance in filling out the appropriate form. Unless the person declines to register to vote, the correctional facility shall provide the registrant with a postage guaranteed envelope or shall transmit the completed voter registration form to the city or town in the county where the registrant claims residence.

And further amend the bill by striking out section 10 in its entirety and inserting in place thereof the following section:-

SECTION 10. Said chapter 54 is hereby further amended by inserting after section 25B the following section:-

Section 25C. (a) The officer in charge of a correctional facility, house of correction, jail, or department of youth services, in this section called hereinafter a facility, shall:

(i) Develop and publish policies and procedures that govern the facilitation of voting and voter registration for eligible voters in facilities; provided, that the policies and procedures shall include, but not be limited to:

(A) Distribution of voter education and election information, including, but not limited to, the display of posters and dissemination of individualized written notices about voting rights and procedures provided by the state secretary;

(B) Assisting, not less than 45 days prior to a presidential or state primary or biennial state election, an incarcerated individual in registering to vote, and not less than 30 days prior to a presidential or state primary or biennial state election, providing to each incarcerated individual who may be eligible to vote an application to vote early by mail pursuant to subsection (c) of section 25B and the means to complete the application; provided, that each facility shall ensure an application for an eligible voter to be permitted to vote early by mail be returned in a timely manner for each presidential or state primary or biennial state election. Assistance shall include distributing forms prepared by the state secretary including, but not limited to: (1) ballot applications; (2) voter registration forms; (3) records that may serve as proof of residence for the purpose of voter registration or provide a voter with their last known address, such as intake forms, arrest records, or other forms in the possession of the facility; and (4) voter information packets generated by the state secretary, community groups, or other stakeholders;

(C) Provision for the expeditious and timely receipt and return of early voting by mail ballots by eligible incarcerated voters which may include delivery by mailing the ballots to the appropriate city or town clerk, or through any other secured means of delivery;

(D) Establishment of locations where voters may complete ballots and other paperwork in private;

(E) Means of tracking complaints related to voting or registration, numbers of voters who sought to vote, and the outcome of requests to vote; and

(F) Policies for collaboration with local elections officials, civic engagement community groups, and other stakeholders.

(ii) Display or distribute any informational posters or packets provided by the state secretary pursuant to subsection (c) not later than July 15 of an even-numbered year, or, if received after that date, immediately upon receipt; provided, that the distribution and announcements of such information shall be continued through the conclusion of any primary and general election.

(iii) Appoint a subordinate officer at the facility to supervise the actions required by this section;

(iv) Not later than 14 days before every presidential and state primary and biennial state election, file a written report with the state secretary, detailing the actions taken under this section, in a form prescribed by the state secretary. The report shall be a public record.

(b) Clauses (i), (ii), and (iv) of subsection (a) shall apply to superintendents or the officer in charge of a facility pursuant to section 35 of chapter 123.

(c) Not later than 90 days prior to a state or presidential primary or election, the state secretary shall create and distribute to sheriffs and superintendents voter information signs and information for display and distribution in facilities. The state secretary shall create and distribute to elections officers information on: (i) the qualifications and rights of eligible incarcerated voters; (ii) regulations detailing the application process and how to process applications in the Voter Registration Information System (VRIS); and (iii) current law pertaining to those rights and processes. The state secretary shall promulgate regulations for the implementation of this section not less than 90 days prior to any state or presidential primary or general election.

The state secretary shall issue a report not less than 6 months following each state or presidential primary and general election, including information on: (i) the number of eligible incarcerated voters at the time of an election in each municipality; (ii) the number of incarcerated voters who requested an early voting by mail or absent ballot and the outcome of that request in each municipality, including the reasons for rejection, if applicable; (iii) the number of incarcerated voters who requested to register to vote and the outcome of those requests in each municipality, including the reason for rejection, if applicable; and (iv) each municipality’s policies and practices regarding outreach and enfranchisement of eligible incarcerated voters, if applicable.

And further amend the bill by inserting after section 10 the following 2 sections:-

SECTION 10A. Said chapter 54 is hereby further amended by inserting after section 91C, as appearing in the 2020 Official Edition, the following section:-

Section 91D. (a) Applications arriving from a specially qualified voter as defined in section 1 of chapter 50 or a voter voting early by mail, who is confined in a correctional facility or jail, except if by reason of a felony conviction, who cites their return address as the correctional facility or jail where they are confined, and indicates they do not have an established domicile elsewhere, may elect to maintain that address for voting purposes.

(b) Prior to declining to execute the certificate of early or absent ballot applications submitted by a voter who is confined in a correctional facility or jail, except if by reason of a felony conviction, due to residency for voting purposes or eligibility, an elections officer shall verify the applicant’s eligibility status and residence for voting purposes with the facility from which the applicant has applied.

(c) Not later than 30 days before any municipal, state or presidential election, an elections officer shall post on the local election website and report to the state secretary any measures to facilitate voting for eligible incarcerated voters.

(d) An elections officer shall make available by public records request the numbers of: (i) ballot applications received from eligible incarcerated voters; (ii) rejected ballot applications sent by incarcerated persons with the reason for rejection; and (iii) ballots received from eligible incarcerated voters.

SECTION 10B. Chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after section 150 the following 2 sections:-

Section 150A. (a) Prior to the expiration of a prisoner’s term, the superintendent or administrator of the state or county correctional facility shall, in writing, notify the prisoner whose term is to expire that their voting rights shall be restored upon discharge; provided, that such person’s right to vote was suspended while incarcerated pursuant to Article III of the Articles of Amendment of the Constitution. If the person’s right to vote was not suspended while incarcerated pursuant to Article III of the Articles of Amendment of the Constitution, the superintendent or administrator of the state or county’s correctional facility shall, in writing, notify the prisoner whose term is to expire that their voting rights shall be maintained upon discharge, and that, if the incarcerated person requested or submitted a mail ballot application or ballot, they maintain the right to vote in person so long as their mail ballot has not been processed.

Section 150B. Each superintendent of a state or county correctional facility and each administrator of a county correctional facility shall, on or before the fifteenth day of each month, transmit to the state secretary the a list containing information about: (i) persons convicted of a felony who, during the preceding period, have become ineligible to vote because of their incarceration; (ii) persons convicted of a felony who, during the preceding period, have become eligible to vote because of their discharge from incarceration; and (iii) persons detained pre-trial or convicted of a misdemeanor who are eligible to vote.

The list shall include the following information for each person: (i) name; (ii) date of birth; (iii) the last 4 digits of social security number, or driver's license number, if available; (iv) address on file; (v) whether the person is held pre-trial or serving a misdemeanor and eligible to vote, (vi) the name and address of the jail, prison, or other facility where they are detained; and (vii) race and ethnicity.

Additional co-sponsor(s) added to Amendment #13, as changed to H4359

Jail Based Voting