Amendment #5 to H4359

Election Day voter registration

Mr. Gentile of Sudbury moves to amend the bill, as amended, by striking out SECTION 1.

by striking out SECTION 2.

by inserting at the beginning of the bill the following seven sections:

“SECTION 1.  Section 1 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- A person otherwise qualified to vote for national or state officers, but who has not registered in accordance with section 26 shall be eligible to register under section 34A.”

SECTION 2. Section 1F of said chapter 51 is hereby repealed.

SECTION 3. Said chapter 51 is hereby further amended by striking out section 3, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 3. For all elections and primaries, a person shall be registered and may vote in the voting precinct where the voter resides; provided, however, that any registered voter of a city or town who moves to any other precinct in the city or town or to another city or town may register to vote at the voter’s new address by making written application to the city or town clerk not later than the close of registration or in accordance with  section 34A. A new resident of the city or town may also be registered at the resident’s new address by making written application to the city or town clerk not later than the close of registration or in accordance with said section 34A. The city or town clerk shall immediately notify each voter making any such written application that the application has been received and that the voter may vote, subject to the provision of this section regarding the close of registration, in the precinct into which the voter has moved or in accordance with said section 34A.

SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the words “eight o’clock in the evening” and inserting in place thereof, in each instance, the following figure:- 5:00 p.m.

SECTION 5. Said section 26 of said chapter 51, as so appearing, is hereby further amended by inserting after the word “elections”, in line 28, the following words:- unless the voter has registered pursuant to section 34A.

SECTION 6. Said chapter 51 is hereby further amended by striking out section 28, as so appearing, and inserting in place thereof the following section:-

Section 28. Registrars shall hold a continuous session from 9:00 a.m. until 5:00 p.m. on the last day for registration established under section 26; provided, however, that a town having less than 1,500 voters may hold a session from 9:00 a.m. until 11:00 a.m. and from 3:00 p.m. until 5:00 p.m.

SECTION 7. Said chapter 51 is hereby further amended by striking out section 34, as so appearing, and inserting in place thereof the following 2 sections:-

Section 34. Except as otherwise provided in section 34A, after 5:00 p.m. of a day on which registration is to cease, the registrars shall not register in-person any person to vote in the next primary or election; provided, however, that the registrars shall furnish, or cause to be furnished, to each person waiting in line at the hour of 5:00 p.m. for the purpose of being registered, a card or slip of identification bearing the person’s name and shall, before registration ceases, permit the person to register.

Section 34A. (a) For purposes of this section, the term “proof of residence” shall mean documentation that includes the name of the applicant and the address from which the applicant is registering and is either:

(i) a valid photo identification including, but not limited to, a driver’s license or other identification card issued by the commonwealth; or

(ii) other documentation demonstrating the name and address where the applicant maintains residence and seeks to register including, but not limited to, a copy of a current utility bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence or a current student fee statement or other document from a post-secondary educational institution that verifies the student’s current address.

(b) An individual who is eligible to vote may register on the day of any municipal preliminary or election or presidential or state primary or election by: (i) appearing in person: (A) on the day of a preliminary, primary or election at the appropriate polling place for the precinct in which the individual resides, during the hours in which polls are open for voting; or (B) at an early voting site for the city or town in which the individual resides, during the hours it is open for voting; (ii) completing a registration application in a form prescribed by the state secretary that complies with identity requirements of 52 U.S.C. 21083; (iii) by presenting to the appropriate local election official proof of residence; and (iv) making the following written oath: “I certify that I: am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from registering and/or voting or otherwise prohibited from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the Commonwealth or elsewhere; and have read and understand this statement. I further understand that giving false information is a felony punishable by not more than 5 years imprisonment or a fine of not more than $10,000, or both.”.

(c) Upon meeting the requirements of subsection (b), the ballot clerk or a designee shall permit the applicant to vote in the preliminary, primary or election. Any person who registers to vote during the early voting period or on the day of a preliminary, primary or election in accordance with this section shall, absent disqualification, be registered to vote at all subsequent preliminaries, primaries and elections.

(d) An applicant who fails to present identification required by this section shall be permitted to cast a provisional ballot pursuant to section 76C of chapter 54, but shall be required to return within 2 business days after a municipal preliminary or presidential or state primary or within 6 days following a municipal or state election to present the required identification to the appropriate local election official for the local election official to determine whether the applicant was qualified to vote in the preliminary, primary or election and whether to count the provisional ballot.

(e) Not less than 7 days prior to any preliminary, primary or election, the registrars for each city or town shall publish all polling locations and the applicable dates and hours. Such notice shall be conspicuously posted: (i) in the office of the local election officials or on the principal official bulletin board of each city or town; (ii) on any other public building considered necessary; (iii) on the city or town's website, if any; and (iv) on the website of the state secretary.

(f) To the extent feasible, the state secretary shall make the statewide list of registered voters contained in the central registry of voters established in section 47C available to the local election officers at each polling location.

(g) The local election officials may correct information supplied by the applicant to the extent necessary to maintain the integrity of their records. If a voter registration affidavit is incomplete or if it appears from the facts set forth in the voter registration affidavit that the applicant is not qualified to register as a voter, the local election officials shall proceed in accordance with section 47.

(h) As soon as practicable after the preliminary, primary or election, but not more than 30 days thereafter, the registrars shall add the name, address and effective date of registration of an individual registered under this section to the annual register of voters.

(i) This section shall not apply to an individual seeking to register to vote in any town for the purposes of voting at an annual town meeting or special town meeting.

(j) A registered voter shall not be eligible to re-register on the day of a preliminary, primary or election for the sole purpose of altering their party affiliation.

(k) (1) Upon receiving credible information or a credible allegation that an individual who registered to vote or voted, or attempted to register to vote or vote, on the day of a preliminary, primary or election pursuant to this section engaged in conduct in violation of section 8 or section 26 of chapter 56, the attorney general or the district attorney having jurisdiction over the municipality in which the alleged conduct occurred shall investigate the merits of the information or allegation.

(2) An individual who engages in conduct in violation of section 8 or section 26 of chapter 56 while registering to vote or voting, or attempting to register to vote or vote, on the day of a preliminary, primary or election pursuant to this section shall be punished under said section 8 or said section 26 of said chapter 56, as applicable.

(3) Nothing in this subsection shall exclude enforcement of this section by any means otherwise provided by law.

(l) The state secretary shall adopt rules or regulations to implement the relevant provisions of this section, including, but not limited to, a procedure for registrars to update the annual register of voters during an early voting period.

Additional co-sponsor(s) added to Amendment #5 to H4359

Election Day voter registration