Amendment ID: S2545-5-R1

Redraft Amendment 5

Uniformed and Overseas Citizens Absentee Voting

Mr. Velis, Ms. Gobi, Messrs. Brady, O'Connor, Rush, Crighton, Timilty, Gomez and Tarr move that the proposed new draft be amended by inserting after section 17 the following section:-

“SECTION 17A. Said chapter 54 is hereby amended further amended by striking out section 91C, as so appearing, and inserting in place thereof the following section:-

Section 91C. (a) For the purposes of this section, “voter” shall mean an individual voting pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act.

(b) Upon receipt of a properly executed application for an absentee ballot from a voter, a city or town clerk shall retain the application and, without delay, enter the application in the voter registration information system.

(c) The application for an absentee ballot shall permit a voter to request, receive, mark, verify and cast a ballot electronically, using an electronic system approved by the state secretary. A voter may electronically return a marked ballot to the city or town clerk to be counted, subject to the regulations promulgated by the state secretary.

Any electronic system approved by the state secretary under this section shall:

(i) not store personal identifying information beyond the time necessary to confirm the identity of the voter, but may maintain personal identifying information on the voter’s local device;

(ii) facilitate a process for verification of voter identity;

(iii) generate an anonymous, auditable copy of the voter ballot that is received, marked, verified and cast via electronic transmission; and

(iv) provide a method for voters to verify that their ballots are received by the appropriate local election officials.

(d) The city or town clerk shall expeditiously transmit a ballot or access to an electronic ballot to all voters for whom an application was received in accordance with subsections (b) and (c) and shall enter the date of transmission into the voter registration information system.

(e) If a request for an absentee ballot is received from a voter 45 or more days before a federal election, the city or town clerk shall send the ballot and instructions to the applicant not later than 45 days prior to the federal election using either mail or electronic transmission, as requested by the voter.

(f) If a request for an absentee ballot is received from a voter less than 45 days before a federal election, the city or town clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter.

(g) If a request for an absentee ballot is received from a voter 45 or more days before a federal election and the state secretary has determined that the city or town clerk is unwilling or unable to transmit the ballot not less than 45 days before the election, the state secretary may, on behalf of the city or town clerk, after notice to the city or town clerk and in accordance with the voter's choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter not later than the day 45 days prior to the federal election.

The state secretary shall enter in the voter registration information system the transmission date on which absentee voters were sent ballots by the state secretary pursuant to this subsection.

(h) The state secretary shall promulgate regulations to implement this section; and

by inserting after section 22 the following section:-

“SECTION 22A. The state secretary shall promulgate regulations necessary to implement section 91C of chapter 54 of the General Laws, as inserted by section 17A, within 120 days of the effective date of this act.”.