Amendment #1 to S.2554

HOUSE . . . . . . . No. 4359

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, January 26, 2022.

The committee on Ways and Means, to whom was referred the Senate Bill fostering voter opportunities, trust, equity and security (Senate, No. 2554), reports recommending that the same ought to pass with amendments striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4359; and by inserting before the enacting clause the following emergency preamble:

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith voter opportunities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.” [Representatives Elugardo of Boston, Smola of Warren, D’Emilia of Bridgewater, Berthiaume of Spencer, Durant of Spencer, McKenna of Webster, Muratore of Plymouth and Whelan of Brewster dissent].

For the committee,

AARON MICHLEWITZ.

HOUSE . . . . . . . . . . . . . . . No. 4359

Text of an amendment, recommended by the committee on Ways and Means, to the Senate Bill fostering voter opportunities, trust, equity and security (Senate, No. 2554). January 26, 2022.

The Commonwealth of Massachusetts

_______________

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

_______________

By striking out all after the enacting clause and inserting in place thereof the following:–

“SECTION 1. Section 1F of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 8, the word “twentieth” and inserting in place thereof the following word:- tenth.

SECTION 2. Section 26 of said chapter 51, as so appearing, is hereby amended by striking out, in line 10, the word “twentieth” and inserting in place thereof the following word:- tenth.

SECTION 3. Section 42G½ of said chapter 51, as so appearing, is hereby amended by inserting after the word “vote”, in line 57, the following words:- pursuant to subsection (d) of section 65.

SECTION 4. Said section 42G½ of said chapter 51, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) In accordance with the memorandum of understanding required by subsection (b), each eligible applicant for services at an automatic voter registration agency who meets the qualifications to register to vote and does not decline to register to vote pursuant to subsection (d) of section 65 shall be registered as a voter pursuant to said section 65 as of the date the registrar adds the person’s name and address to the register of voters, under paragraph (4) of said subsection (d) of said section 65; provided, however, that an applicant who meets the qualifications to register to vote, does not decline to register to vote pursuant to said subsection (d) of said section 65 and completes a qualifying transaction with an automatic voter registration agency not less than 10 days before an election shall be entitled to vote in that election. If necessary to comply with federal law, the division of medical assistance and the commonwealth health insurance connector authority may allow an applicant to decline to register to vote at the time of application. Otherwise, all automatic voter registration agencies, including the registry of motor vehicles, shall transmit records of all eligible applicants as provided in subsection (e), and these applicants may decline to register to vote only after receiving notice from the registrars under paragraph (3) of said subsection (d) of said section 65.

SECTION 5. Chapter 54 of the General Laws is hereby amended by striking out section 25B and inserting in place thereof the following section:-

Section 25B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Application”, an application to vote early by mail.

“Central registry”, the central registry of voters established under section 47C of chapter 51.

“Qualified voter”, a voter qualified pursuant to section 1 of chapter 51.

“Voter affidavit”, an affidavit to be completed by a voter at the time of early voting in person or by mail, in compliance with regulations promulgated under this chapter, and a notice of penalties under section 26 of chapter 56.

(b)(1) The election officers and registrars of every city or town shall allow any qualified voter to cast a ballot early in person for any presidential or state primary, state special election or biennial state election, or any election held under section 140 to fill a vacancy in the United States Congress; provided, that the select board, board of selectmen, town council or city council of each town and city may vote to authorize early in person voting for any other city or town preliminary, primary or election.

(2) At least 21 days prior to each presidential or state primary and biennial state election, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, all of the following papers: (i) official early voting ballots, similar to the official ballot to be used at the election; and (ii) envelopes of sufficient size to contain the ballots specified in clause (i) bearing on their reverse the voter affidavit.

(3)(i) The voting period for in person early voting for the biennial state election shall run from the third Saturday preceding the election through the close of the business on the Friday immediately preceding the election.

(ii) The voting period for in person early voting for any presidential or state primary, state special election or any election held pursuant to section 140 to fill a vacancy in the United States Congress shall run from the second Saturday preceding the election through the close of the business on the Friday immediately preceding the election.

(4)(i) Early voting in person shall be conducted during the usual business hours of each city or town clerk. A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph.

(ii) Early voting in person for the state biennial election shall, in addition to usual business hours pursuant to subparagraph (i), be conducted on all weekend dates during the early voting period as follows: (i) for municipalities with fewer than 5,000 registered voters, for a period of not less than 2 hours each day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered voters, for a period of not less than 4 hours each day; (iii) for municipalities with 20,000 or more registered voters but fewer than 40,000 registered voters, for a period of not less than 5 hours each day; (iv) for municipalities with 40,000 or more registered voters but fewer than 75,000 registered voters, for a period of not less than 6 hours each day; and (v) for municipalities with 75,000 or more registered voters, for a period of not less than 8 hours each day. A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph.

(5) Each city and town shall establish an early voting site that shall include the election office for the city or town; provided, however, that if the city or town determines that the office is unavailable or unsuitable for early voting, the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building within each city or town as an early voting site; and provided further, that a city or town shall consider diverse geographic locations in designating early voting sites, including, but not limited to, accessibility of early voting sites for minority communities. A city or town may also provide for additional early voting sites at the discretion of the registrars for that city or town. Each early voting site shall be accessible to persons with disabilities in accordance with federal law.

(6) The designation of an early voting site shall be made not less than 14 days prior to the beginning of the voting period established in paragraph (3). Not less than 7 days prior to the beginning of the early voting period, and at least once during the voting period, the registrars for each city or town shall post the location of the early voting sites as well as the applicable dates and hours. Notice shall be conspicuously posted: (i) in the office of the city or town clerk 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.

(7) A qualified voter voting early in person shall be provided with a ballot and an envelope where the ballot is to be placed after voting which shall contain a voter affidavit to be filled out by the voter. A qualified voter voting early in person shall complete the voter affidavit.

(8) Prior to the beginning of in person early voting, the registrars for each city or town shall prepare a list for the early voting sites, containing the names and residences of all persons qualified to vote at each voting site, as the names and residences appear upon the annual register, and shall reasonably transmit the applicable list to the election officers at each early voting site designated by the registrars.

(9) The registrar or presiding official at the early voting site shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters “EV” designating an early voter.

(10) Section 72 shall not apply to this section; provided, however, that a city or town may opt to detail a sufficient number of police officers or constables for each early voting site for an election at the expense of the city or town to preserve order, protect the election officers and supervisors from any interference with their duties and aid in enforcing the laws relating to elections.

(11) Notwithstanding section 29 of chapter 53 and sections 11, 11B, 12 and 13 or any other general or special law to the contrary, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers, the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12. If the position of the warden, clerk or inspector, or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the early voting period, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12.

(12) Upon marking the early voting ballot, enclosing it in the secrecy envelope and executing the voter affidavit, a voter shall return the ballot envelope to a local election officer at the early voting site who shall review the envelope to ensure the voter affidavit has been signed by the voter. After a ballot envelope has been accepted, it shall be securely stored at the early voting site until such time as it is transported to the office of the local election official, but not later than at the end of early voting hours for that day.

(c)(1) The election officers and registrars of every city or town shall allow any qualified voter to cast an early ballot by mail for any presidential or state primary, state special election or biennial state election or any election held pursuant to section 140 to fill a vacancy in the United States Congress; provided, that the select board, board of selectmen, town council or city council of each town and city may vote to authorize early voting by mail for any other town or city primary, preliminary or election; provided, however, that this section shall not apply to an annual or special town meeting.

(2)(i) The state secretary shall, not later than 45 days before a presidential or state primary or biennial state election, mail to all registered voters at their residential addresses or mailing addresses if different from their residential addresses listed in the central registry an application for said voter to be permitted to vote early by mail; provided, that the application shall authorize said voter to vote early by mail in other primaries or elections authorized under this subsection held within the year; provided, however, that the state secretary shall not send an application to any voter whose previous application for an absent or early ballot has been accepted.

(ii) The election officers and registrars of every city or town shall include an application with the acknowledgement notice sent to any person registering to vote or changing their voter registration address.

(iii) The applications required pursuant to this subsection shall be in a form prescribed by the state secretary in accordance with state and federal law; provided, however, that said applications shall: (i) include clear instructions for completing and returning the application; (ii) allow a voter to designate the mailing address to which the ballot shall be sent; and (iii) be pre-addressed to the local election official with postage guaranteed.

(iv) Each application mailed pursuant to this subsection shall be provided in any language required by the bilingual election requirements of the federal Voting Rights Act, 52 U.S.C. section 10503.

(v) Each application mailed to a voter in the city of Boston pursuant to this subsection shall include an option, which shall appear prominently on the application, to request a ballot printed in any language available at the voter’s polling location pursuant to chapter 166 of the acts of 2014.

(vi) The applications required pursuant to this subsection shall be made available on the websites of the state secretary and the elections officers and registrars of every city or town.

(3)(i) A voter wishing to vote early by mail in an election shall complete the application and shall return said application to the appropriate city or town clerk. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting for an election shall be given the same effect as an application made in the form prescribed by the state secretary. Applications for an election shall be acceptable if they are signed or submitted electronically; provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature.

(ii) No application shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 P.M. on the 4th business day prior to the primary or election.

(iii) A voter wishing to apply to vote early by mail for a presidential or state primary, biennial state election or any election held pursuant to section 140 to fill a vacancy in the United States Congress and who needs accommodation by reason of disability and is unable to independently mark a paper ballot may apply for such accommodation in a form and manner prescribed by the state secretary. Accommodations shall include, but not be limited to: (i) clear and electronically accessible instructions for completion, printing and returning of the ballot; (ii) an accessible blank electronic application that can be: (A) completed by the voter electronically; (B) signed with a wet signature, a hand-drawn electronic signature or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the application due to a disability; and (C) submitted electronically, by mail or delivering it to the office of the appropriate city or town clerk; (iii) an authorized accessible blank electronic ballot that can be filled out electronically, printed and signed; provided, however, that the accessible electronic ballot marking system the voter utilizes to access their blank electronic ballot shall not collect or store any personally identifying information obtained in the process of filling out the ballot; (iv) an accessible electronic voter affidavit that may be used for certification of an accessible electronic ballot and signed with a wet signature, a hand-drawn electronic signature, or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the ballot due to a disability; (v) an envelope to return the ballot to the voter’s town or city clerk with postage guaranteed; and (vi) hole punched markers in place of a wet signature required for certification if an electronic voter affidavit of certification is not utilized; provided, however, that the electronic instructions and accommodations in this section shall comply with requirements contained in Title II of the federal Americans with Disabilities Act and shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1 AA and the National Institute of Standards and Technology report titled “Principles and guidelines for remote ballot marking systems”. Upon printing the ballot, the voter shall place the ballot in the envelope provided by the state secretary. A voter with accommodations in receipt of an early voting ballot for an election pursuant to this section may complete and return the ballot by any of the following: (i) submitting it electronically; (ii) delivering it to the office of the appropriate city or town clerk or a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(iv) A voter wishing to apply to vote early by mail under this subsection for any city or town primary or election for which the city or town has authorized early voting by mail and who needs accommodation by reason of disability and is unable to independently mark a paper ballot may request an accommodation in a form and manner prescribed by their local election official. The request shall be received by the local election official not later than the seventh business day preceding the primary or election. Upon receiving such a request from a registered voter, by phone or electronically, the local election official shall grant such request for reasonable accommodations.

(4) The voting period for early voting by mail shall begin as soon as all necessary early voting materials have been received by the local election official pursuant to paragraph (5).

(5) Not later than 30 days prior to an election under this subsection, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (i) official early ballots for voting early by mail for the election, similar to the official ballot to be used at said election; provided, however, that a sufficient quantity of such ballots are printed in the languages necessary to accommodate the selection of a bilingual ballot by voters pursuant to subparagraphs (iv) and (v) of paragraph (2); (ii) envelopes of sufficient size to contain the ballots specified in clause (i) bearing on their reverse the voter affidavit; (iii) return envelopes for any ballot requested for voting by mail pre-addressed to the local election official with postage guaranteed; and (iv) instructions for voting by mail to be sent to each voter who requests to cast a ballot by mail.

(6)(i) Early voting ballots shall be mailed by the city or town clerks to voters as soon as such materials are available; provided, however, that said mailing shall include: (i) instructions for early voting; (ii) instructions for completing the ballot; (iii) an inner envelope where the ballot is placed after voting which contains a voter affidavit to be filled out by the voter; and (iv) an outer envelope that is pre-addressed to the local official with postage guaranteed; provided, however, that a voter who has seasonably filed an application may receive an early voting ballot in person at the office of the city or town clerk. The state secretary shall include on the outer envelope with postage guaranteed required by this section a system which generates a postmark for determining the date upon which the envelope was mailed.

(ii) Each early voting ballot authorized pursuant to this subsection shall be provided to the voter in the language required pursuant to subparagraphs (iv) and (v) of paragraph (2).

(7)(i) A voter in receipt of an early voting ballot pursuant to this subsection may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; (iii) mailing it to the appropriate city or town clerk; or (iv) submitting electronically pursuant to accommodations granted to a voter by reason of disability as provided by subparagraph (iii) of paragraph (3).

(ii) All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk, returned to a secured municipal drop box or returned electronically pursuant to accommodations granted to a voter by reason of disability as provided by subparagraph (iii) of paragraph (3) shall be received by the city or town clerk before the hour fixed for closing the polls on the day of the primary, special election or state election under this subsection; provided, however, that an early voting ballot cast for a presidential election that is received not later than 5 P.M. on the third day following said election and mailed on or before the day of said election shall be processed in accordance with the second paragraph of section 95. A postmark, if legible, shall be evidence of the time of mailing.

(8) Upon receipt of a completed early voting ballot, the local election official shall open the outer mailing envelope and examine the inner secrecy envelope without opening it, compare the signature thereon with the signature on the application therefor, except if the voter received assistance in signing the application or the envelope, or the voter applied for the ballot under paragraph (3), and shall examine the voter affidavit on each such envelope. If the voter affidavit has been improperly executed or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by this section, the local election official shall mark across the face thereof “Rejected as defective” and shall notify the voter and send the voter a new ballot. If the early voting ballot is accepted, the local election official shall record the date and secure the ballot in its envelope until processing in accordance with law.

(d) The registrars shall prepare lists of all voters casting ballots during the early voting period pursuant to this section and update the voter list in a manner prescribed by the state secretary.

(e) The early voting ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote by reason of death after casting the ballot. For the purposes of this subsection, the term “cast” shall mean that the voter has: (i) deposited the early voting by mail ballot in the mail for ballots mailed; (ii) returned the early voting ballot to the appropriate election official either by hand or by depositing in the municipal drop box; (iii) completed voting in person at the clerk’s office or an early voting location; or (iv) submitted a ballot electronically pursuant to accommodation granted to a voter by reason of disability as provided by subparagraph (iii) of paragraph (3) of subsection (c).

(f) Sections 37 and 38 of chapter 53 shall apply to unenrolled voters and voters enrolled in political designations voting early. The registrar or the presiding official at an early voting site shall cause the name of the party of the ballot being voted to be recorded on the voting list. Once the party selection has been recorded on the voting list, a voter shall not request or vote on the ballot of another party.

(g) 950 C.M.R. 47.00 or any successor thereto shall apply to early voting to the extent feasible; provided, however, that the state secretary shall promulgate regulations to implement this section, as necessary.

(h) Any early voting ballot cast pursuant to this section or section 86 may be deposited into a tabulator or a ballot box in a municipality or precinct that uses paper ballots, in advance of the date of the election. All ballots received pursuant to this section or section 86 may be opened in advance of the date of the election, in accordance with regulations promulgated by the state secretary; provided, however, that such ballots shall be kept secured, locked and unexamined, and that no results shall be determined or announced until after the time polls close on the date of the election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56.

(i) The counting of early voting ballots including, but not limited to, informing election officers and any challengers present under section 85A shall be set by 950 C.M.R. 47.00 or any successor thereto, so far as applicable. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots.

(j) The registrar or presiding official shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters “EV” designating an early voter.

SECTION 6. Paragraph (2) of subsection (c) of section 25B of said chapter 54 is hereby amended by striking out subparagraph (iii), as appearing in section 5, and inserting in place thereof the following subparagraph:-

SECTION 7. Paragraph (3) of said subsection (c) of said section 25B of said chapter 54 is hereby amended by striking out subparagraph (iii), as appearing in said section 5, and inserting in place thereof the following subparagraph:-

(iii) A voter wishing to apply to vote early by mail for a presidential or state primary, biennial state election or any election held pursuant to section 140 to fill a vacancy in the United States Congress and who needs accommodation by reason of disability and is unable to independently mark a paper ballot may apply for such accommodation in a form and manner prescribed by the state secretary. Accommodations shall include, but not be limited to: (i) clear and electronically accessible instructions for completion, printing and returning of the ballot; (ii) an accessible blank electronic application that can be: (A) completed by the voter electronically; (B) signed with a wet signature, a hand-drawn electronic signature or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the application due to a disability; and (C) submitted electronically, by mail or delivering it to the office of the appropriate city or town clerk; (iii) an authorized accessible blank electronic ballot that can be filled out electronically, printed and signed; provided, however, that the accessible electronic ballot marking system the voter utilizes to access their blank electronic ballot shall not collect or store any personally identifying information obtained in the process of filling out the ballot; (iv) an accessible electronic voter affidavit that may be used for certification of an accessible electronic ballot and signed with a wet signature, a hand-drawn electronic signature, or the voter’s typewritten name as a signature if the voter is unable to independently insert a hand-drawn signature on the ballot due to a disability; (v) an envelope to return the ballot to the voter’s town or city clerk; and (vi) hole punched markers in place of a wet signature required for certification if an electronic voter affidavit of certification is not utilized; provided, however, that the electronic instructions and accommodations in this section shall comply with requirements contained in Title II of the federal Americans with Disabilities Act and shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1 AA and the National Institute of Standards and Technology report titled “Principles and guidelines for remote ballot marking systems”. Upon printing the ballot, the voter shall place the ballot in the envelope provided by the state secretary. A voter with accommodations in receipt of an early voting ballot for an election pursuant to this section may complete and return the ballot by any of the following: (i) submitting it electronically; (ii) delivering it to the office of the appropriate city or town clerk or a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

SECTION 8. Said subsection (c) of said section 25B of said chapter 54 is hereby amended by striking out paragraph (5), as appearing in said section 5, and inserting in place thereof the following paragraph:-

(5) Not later than 30 days prior to an election under this subsection, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (i) official early ballots for voting early by mail for the election, similar to the official ballot to be used at said election; provided, however, that a sufficient quantity of such ballots are printed in the languages necessary to accommodate the selection of a bilingual ballot by voters pursuant to subparagraphs (iv) and (v) of paragraph (2); (ii) envelopes of sufficient size to contain the ballots specified in clause (i) bearing on their reverse the voter affidavit; (iii) return envelopes for any ballot requested for voting by mail pre-addressed to the local election official; and (iv) instructions for voting by mail to be sent to each voter who requests to cast a ballot by mail.

SECTION 9. Paragraph (6) of said subsection (c) of said section 25B of said chapter 54 is hereby amended by striking out subparagraph (i), as appearing in said section 5, and inserting in place thereof the following subparagraph:-

(i) Early voting ballots shall be mailed by the city or town clerks to voters as soon as such materials are available; provided, however, that said mailing shall include: (i) instructions for early voting; (ii) instructions for completing the ballot; (iii) an inner envelope where the ballot is placed after voting which contains a voter affidavit to be filled out by the voter; and (iv) an outer envelope that is pre-addressed to the local official; provided, however, that a voter who has seasonably filed an application may receive an early voting ballot in person at the office of the city or town clerk. The state secretary shall include on the outer envelope a system which generates a postmark for determining the date upon which the envelope was mailed.

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

Section 25C. Each correctional facility, house of correction, jail or department of youth services shall, not less than 45 days prior to a presidential or state primary or biennial state election, assist an incarcerated individual in registering to vote, and not less than 30 days prior to a presidential or state primary or biennial state election, provide 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 correctional facility, house of correction, jail or department of youth services 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.

SECTION 11. Not later than July 1, 2022, the state secretary shall enter into the agreement with the Electronic Registration Information Center, Inc. as required by section 47C of chapter 51 of the General Laws.

SECTION 12. Notwithstanding any general or special law to the contrary, the state secretary shall implement and maintain a system to allow a qualified voter to request an early or absent ballot on the state secretary’s website, to be mailed to the qualified voter’s home address or a different mailing address as designated by the voter. The system shall not require the voter’s signature.

SECTION 13. The state secretary shall conduct a public awareness campaign to inform voters throughout the commonwealth of the provisions of section 25B of chapter 54 of the General Laws, including, but not limited to: (i) measures to promote public awareness of expanded early voting options in primaries and elections; (ii) the requirements and procedures for early voting by mail, including, but not limited to, information related to the ability of a voter who requests but does not return an early voting by mail ballot to vote in person on election day; and (iii) availability of accommodations for voters with disabilities. The public awareness campaign shall: (i) ensure outreach to minority communities in the commonwealth; (ii) be linguistically diverse and culturally competent; and (iii) be provided in multiple formats for viewing.

SECTION 14. Sections 6, 7, 8 and 9 shall take effect on December 31, 2022.”; and by inserting before the enacting clause the following emergency preamble: