HOUSE  .   .   .   .   .   .   .  No. 3863

The Commonwealth of Massachusetts
______________________________________

                            HOUSE OF REPRESENTATIVES, June 9, 2021.                         

The committee on Ways and Means, to whom was referred the Bill relative to reprecincting (House, No. 820), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 3863).

For the committee,

AARON MICHLEWITZ.

     FILED ON: 6/9/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3863

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to reprecincting.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith reprecincting, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. (a) Notwithstanding any general or special law to the contrary, the division of each city into convenient voting wards and precincts pursuant to section 1 and section 2 of chapter 54 of the General Laws shall be completed, approved locally and submitted through the state secretary to the local election districts review commission, as established by section 9A of chapter 9 of the General Laws, within 30 days after the enactment of legislation dividing the commonwealth into: (i) congressional districts pursuant to the United States Constitution; (ii) 40 senatorial districts pursuant to section 2 of Article CI of the Articles of Amendment to the Constitution of the Commonwealth; (iii) 160 representative districts pursuant to section 1 of said Article CI; and (iv) 8 councillor districts pursuant to said section 2 of said Article CI and Article XVI of the Articles of Amendment to the Constitution of the Commonwealth.

(b) Notwithstanding any general law or special law to the contrary, the division of each town into convenient voting precincts pursuant to said section 1 and section 6 of said chapter 54, shall be completed, approved locally and submitted through the state secretary to the local election districts review commission within 30 days after the enactment of legislation dividing the commonwealth into: (i) congressional districts pursuant to the United States Constitution; (ii) 40 senatorial districts pursuant to section 2 of Article CI of the Articles of Amendment to the Constitution of the Commonwealth; (iii) 160 representative districts pursuant to section 1 of said Article CI; and (iv) 8 councillor districts pursuant to said section 2 of said Article CI and Article XVI of the Articles of Amendment to the Constitution of the Commonwealth.

(c) Notwithstanding any general law or special law to the contrary, the division of each city and town into convenient voting wards or precincts pursuant to subsections (a) and (b) shall be completed, approved locally, and be submitted through the state secretary to the local election districts review commission not later than December 15, 2021.

SECTION 2. Notwithstanding any general law or special law to the contrary, subsection (b) of section 1 shall apply to any town with a population greater than 2,500 inhabitants based on the 2020 decennial federal census . No town with a population greater than 2,500 inhabitants based on the 2020 decennial federal census may change or alter any precinct established pursuant to said subsection (b) of said section 1 for the purpose of forming congressional, councillor, senatorial and representative districts until the next division following the formation of congressional, councillor, senatorial and representative districts after the next decennial federal census.

SECTION 3. Notwithstanding any general law or special law to the contrary, if a city fails to timely complete, approve and submit a new division of voting wards and precincts through the state secretary to the local election districts review commission pursuant to section 1 or if a town fails to timely complete, approve and submit a new division of voting precincts through the state secretary to the local election districts review commission pursuant to section 1, or if the local election districts review commission finds that any such proposed division of voting wards and precincts submitted by a city or any such proposed division of precincts submitted by a town is deficient, the commission shall, within 7 days: (i) make such division of the city into wards and precincts or the town into precincts; or (ii) appoint a special master to make such division, subject to approval and amendment by the commission. The cost of the special master shall be paid by the city or town.

SECTION 4. Notwithstanding any general law or special law to the contrary, the local election districts review commission shall, within 14 days of receipt of the division of each city and town into convenient voting wards or precincts pursuant to of section 1, deliver to the president of the senate and speaker of the house of representatives an electronic geographic information system shapefile, or equivalent, containing every city and town ward and precinct within the boundaries of the approved congressional, councillor, senatorial and representative districts and an American Standard Code for Information Interchange, also known as ASCII, compatible file containing a written description of all changes in municipal ward or precinct descriptions for each approved congressional, councillor, senatorial and representative districts.

SECTION 5. Notwithstanding any general law or special law to the contrary, the local election districts review commission, in consultation with the state secretary, may promulgate rules and regulations necessary for the orderly administration and enforcement of this act by filing notice of the change with the rules and regulations division of the state secretary who shall post such notice on the state secretary’s website.

SECTION 6. Sections 1, 3, 4 and 5 are hereby repealed.

SECTION 7. Section 6 shall take effect on January 1, 2022.