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The 192nd General Court of the Commonwealth of Massachusetts

Section 33I: Examination of electronic poll books; compliance with minimum requirements; approval for use in elections

[ Section impacted by 2020, 45, Secs. 1 and 1A, as amended by 2020, 92, Secs. 1 to 3, effective March 23, 2020 and 2020, 92 Secs. 15 to 17 effective June 5, 2020 relating to postponing municipal elections in order to address disruptions caused by the outbreak of COVID-19.]

[ Section impacted by 2020, 115, Sec. 20 effective July 6, 2020 relating to electronic poll books in order to address disruptions caused by the outbreak of COVID-19.]

  Section 33I. (a) The state secretary shall examine all types of electronic poll books and determine whether such equipment complies with the minimum requirements for such equipment imposed by regulation promulgated by the state secretary and whether the use of such equipment would further the efficient administration of elections.

  (b) Any person owning or interested in such equipment may submit it to the state secretary for examination. For the purpose of assistance in examining such new equipment, the state secretary may, subject to appropriation, employ the services of technical experts.

  (c) Any electronic poll book that receives the approval of the state secretary may be used for conducting elections. Any electronic poll book that does not receive such approval shall not be adopted for or used at any election. After such equipment has been approved by the state secretary, any change or improvement in the equipment that does not impair its accuracy, efficiency or capacity shall not render necessary a reexamination or reapproval of the equipment.

  (d) A city or town may vote to use approved electronic poll books by a vote of the board of selectmen or town council in a town or city council in a city taken at least 60 days before the first election at which such equipment is to be used. Notification of use of an approved electronic poll book shall be sent to the state secretary within 5 days after the vote.

  (e) The state secretary shall promulgate regulations for the certification process, standards, including security, and use of electronic poll books at a polling place or early voting location.