Sunday, January 19, 2014

Bill S1975 Elections...

Bill S1975  Elections...( another unfunded mandate)

The problematic text :

SECTION 11. Chapter 54 of the General Laws is hereby amended by inserting after section 25A the following section:-

Section 25B. (a) The election officers and registrars of every city or town shall allow any qualified voter, as defined in section 1 of chapter 51, to cast a ballot for any biennial state election or primary during the early voting period as set forth in this section including, but not limited, to any city or town election held at the same time. Cities and towns may also provide for early voting in elections not held in conjunction with state elections.

(b) The voting period for early voting shall run: (i) from the tenth business day preceding a primary or general election; provided, however, that if the tenth business day before the primary or election falls on a legal holiday the early voting period shall begin on the first business day prior to the legal holiday, until the close of business on the day preceding the day before the primary or election; and (ii) a total of not less than 10 hours on the Saturday and Sunday immediately preceding the day of the primary or election.

(c) Early voting shall be conducted during the usual business hours of each city or town clerk, except as otherwise provided in subsection (b). A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this subsection.

(d) Each city and town shall establish an early voting site that shall include a city hall election office or a town hall clerk’s office; provided, however, that if the city or town determines that the office is unavailable or unsuitable for the purposes of early voting, the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building, which may include any building open to the public and used for voting on the day of the primary or election, within each city or town as an early voting site. 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.

(e) 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 subsection (b). Not less than 7 days prior to the commencement of the early voting period and at least once during the period, the registrars for each city or town shall publish the location of the early voting sites as well as the applicable dates and hours. Notice shall be published in every newspaper listed for the city or town in the New England Newspaper & Press Association and shall also be conspicuously posted in the office of the city clerk or on the principal official bulletin board of each city or town, on any other public building considered necessary, on the city or town’s website, if any, and on the website of the state secretary.

(f) At least 21 days prior to each biennial state election or primary, the state secretary shall deliver to each city or town in quantities as the state secretary determines necessary 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’s affidavit of compliance with the requirements of subsection (h).

(g) An early voting ballot along with an envelope shall be provided to each qualified voter who participates in early voting.

(h) A qualified voter casting a ballot at an early voting site shall complete an affidavit under the regulations promulgated pursuant to this chapter, which shall include a notice of penalties under section 26 of chapter 56.

(i) Prior to the commencement of 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 therein, as the same appear upon the annual register, and shall reasonably transmit the same to the election officers at every early voting site designated by the registrars.

(j) 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.

(k) The registrars shall prepare lists of all voters casting ballots during the early voting period and update the voter list in a manner prescribed by the state secretary.
(l) The city or town clerk, on the day of the election, but not later than 3 hours after the opening of the polls, shall transmit all envelopes purporting to contain official early voter ballots to the election officers in the several precincts where the voters whose names appear on the envelopes assert the right to vote. The warden or a deputy shall immediately, after receipt of any envelopes, distinctly announce the name and residence of each voter and check the voter’s name on the voting lists referred to in section 60 of chapter 51, or on the voter’s certificate of supplementary registration attached to the lists as provided in section 51 of said chapter 51 or on the list of specially qualified voters required by section 91A, as the case may be, if it has not already been so checked. The warden or a deputy shall open the envelopes in which the ballot is enclosed in such a manner as not to destroy the affidavit on the envelope, take the ballot from the envelope without opening it or permitting it to be examined and deposit it in the ballot box. 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.

(m) The state secretary shall promulgate regulations to implement this section.

(n) Section 72 shall not apply to this section.   

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It's anyone's guess how much this unfunded mandate will cost all towns in Massachusetts.



2 comments:

  1. Wow, this new set of rules or what ever you may want to call them, drags out the election process and leaves the opportunity for more funny business than exists already. Does anyone know how much the past election cost the taxpayers of Templeton ? I have not had much faith in the voting process since I saw our Town Clerk come out of the safe in the Town Clerk's office, trying to get the bag with ballots from Baldwinville, to stay shut. This was after a hotly contested election in the seventies, between Gladys Salame and Dana Putnam. Because of the fact Baldwinville had more voters than any other precinct, Baldwinville was last to come in, so everyone knew how many votes were needed to win the election. Just for the record, once those envelopes with the rubber cement are opened, they will not stay closed !! Bev.

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  2. This isn't the 1970s. This could all be done on smart phones. There must be some grants or something to update our voting process.

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