Amendment ID: S2545-25

Amendment 25

Automatic Voter Registration of Released Prisoners

Mr. Eldridge and Ms. Rausch move that the proposed new draft be amended by striking Section 16 in its entirety and inserting in place thereof the following:-

SECTION 16. Chapter 127 of the General Laws is hereby amended by inserting after section 150 the following section: –

(a) For the purposes of this section, “facility” shall include a correctional facility, house of correction or jail. (b) The officer in charge of a facility shall: (i) not later than 30 days prior to a presidential primary or July 15 of other even numbered years: (A) display in prominent locations visible to individuals who are incarcerated at the facility, a poster of voting rights and procedures prepared by the state secretary; and (B) distribute to all individuals who are incarcerated who may be eligible to vote, written information about voting rights and procedures prepared by the state secretary; (ii) for all primaries and elections, assist an individual who is incarcerated who may be eligible to vote in registering as a voter and in applying for a mail ballot, including as specially qualified voters, and distribute forms prepared by the state secretary for those purposes; (iii) ensure the receipt, private voting, where possible, and return of mail ballots by an eligible individual who is incarcerated; (iv) appoint a subordinate officer at the facility to supervise the actions required by this section; and (v) not later than 14 days before every presidential and regular state primary and biennial state election, file a written report with the state secretary, in a form prescribed by the state secretary, that details the actions taken under this section. The report shall be a public record.

SECTION 16B. Chapter 51 of the General Laws is hereby amended by adding after section 4A the following section:–

Section 4B.

(a) Ten days before the release of a prisoner convicted of a felony, the correctional facility shall notify the state secretary of the prisoner’s release. The state secretary shall obtain the prisoner’s address upon release, date of birth and identification number from the department of correction or the department of probation. The state secretary shall provide that information to the election officer of the city or town in which the person shall reside upon release. The election officer shall add the person to the voting list as an unenrolled voter unless the prisoner has notified the state secretary that the prisoner desires to register with a political party, a political designation or does not desire to register to vote.

(b) Ten days before the release of a prisoner convicted of a felony, the superintendent or administrator of the state or county correctional facility shall, in writing, notify the prisoner whose term is to expire that the prisoner’s voting rights shall be restored upon discharge and that the state secretary shall automatically register the prisoner to vote as an unenrolled voter unless the prisoner notifies the state secretary that the prisoner does not desire to register to vote or desires to register with a political party or a political designation.