HomeMy Public PortalAboutChapter 45 of the Acts of 2020 S 2608
Chapter 49
of the Acts of 2020
T H E C O M M O N W E A L T H O F M A S S A C H U S E T T S
In the One Hundred and Ninety-First General Court
AN ACT GRANTING AUTHORITY TO POSTPONE 2020 MUNICIPAL ELECTIONS IN THE
COMMONWEALTH AND INCREASE VOTING OPTIONS IN RESPONSE TO THE DECLARATION OF
EMERGENCY TO RESPOND TO COVID- 19 . .
Whereas , The deferred operation of this act would tend to defeat its
purpose , which is to forthwith provide for the rescheduling of elections as a
result of the governor ' s declaration of emergency to respond to COVID- 19 and
to increase voting options , therefore it is hereby declared to be an emergency
law , necessary for the immediate preservation of the public
convenience .
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same , as follows :
SECTION 1 . ( a ) Notwithstanding section 9 of chapter 39 , sections 26 and
28 of chapter 51 and chapters 53 and 54 of the General Laws or any other
general or special , law or by- law to the contrary , a city or town with a
municipal caucus or annual or special municipal election scheduled between the
effective date of this act and May 30 , 2020 , may postpone such municipal
caucus or municipal election in accordance with this act .
The select board , town council , board of registrars or city council of
the city or town may vote on any day prior to the date of their scheduled
municipal caucus or municipal election to postpone the municipal caucus or
municipal election to a date certain on or before June 30 , 2020 . Such
rescheduled caucus or election shall be held in accordance with all applicable
election laws except as otherwise provided in this act .
(b ) The select board , town council or city council of a city or town
postponing a municipal caucus or municipal election pursuant to this act
shall , following consultation with the local election official and the chief
operating officer of the municipality as to logistics and feasibility , vote to
reschedule the municipal caucus or municipal election . A copy of this act , the
vote of the select board , town council or city council and a sample ballot
shall be placed on the official municipal website not later than 20 days
before the date to which the rescheduled caucus or election has been
postponed . Notice of such action shall be provided to the public in other ways
reasonably calculated to enable eligible voters to learn of the rescheduled
election date and to cast ballots therein . The notice may include , but shall
not be limited to , a " reverse - 911 " call , municipal list - serve notifications ,
advertisement on local cable television or issuance of a press release sent to
local news media .
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( c ) Consistent with section 107 of chapter 41 of the General Laws , an
incumbent elected official whose term would have expired at a municipal annual
town election if the election was not postponed pursuant to this act shall
continue to serve in the official ' s position until a successor is elected and
qualified .
( d ) If this act does not take effect until after the date of a scheduled
municipal caucus or municipal election during the state of emergency declared
by the governor pursuant to executive order 591 , declaration of a state of
emergency to respond to COVID- 19 , the actions of the board of selectmen , town
council , city council and local election officials to postpone a municipal
caucus or municipal election shall be ratified , validated and confirmed as if
this act had been in place prior thereto .
SECTION 2 . The last day to register to vote for any annual or special
municipal or state election postponed pursuant to this act or otherwise
postponed in response to COVID- 19 shall be 10 days before the date to which
the rescheduled election has been postponed ; provided , however , that the board
of registrars shall hold a registration session on that date not less than
from 2 : 00 PM to 4 : 00 PM and from 7 : 00 PM to 8 : 00 PM . The voting list to be
used at such rescheduled election shall include all eligible voters registered
as of that date .
SECTION 3 . The caucus or election materials , including , but not limited
to , absentee and official ballots , prepared for a municipal caucus or any
annual or special municipal or state election postponed pursuant to this act
or otherwise postponed in response to COVID - 19 and bearing that date shall be
used for the rescheduled caucus or election to the extent practicable . If
additional ballots are required to be printed , the ballots shall be identical
in form to those prepared for the original caucus or election .
SECTION 4 . Absentee ballots cast in connection with the original
election date for any annual or special municipal or state election postponed
pursuant to this act or otherwise postponed in response to COVID - 19 , whether
returned before the original election or otherwise , and received by the local
election official before the close of polls on the date of the rescheduled
election , shall be processed in accordance with applicable law ; provided ,
however , that any voter who chooses to vote in person on the date of the
rescheduled election may do so if their absentee ballot has not yet been
counted . Completed applications to vote by absentee ballot in the rescheduled
election shall be accepted by the board of registrars until 12 : 00 noon on the
last business day before the rescheduled election .
For an election held on or before June 30 , 2020 any person taking
precaution related to COVID - 19 in response to a declared state of emergency or
from guidance from a medical professional , local or state health official , or
any civil authority shall be deemed to be unable by reason of physical
disability to cast their vote in person at a polling location .
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SECTION 5 . ( a ) Notwithstanding section 25B of chapter 54 of the General
Laws or any other general or special law to the contrary , any eligible voter
may vote early by mail for any annual or special municipal or state election
held on or before June 30 , 2020 .
(b ) Any qualified voter wanting to early vote by mail may file with
their local election official an application for an early voting ballot . Any
form of written communication evidencing a desire to have an early voting
ballot be sent for use for voting at an election shall be given the same
effect as an application made in the form prescribed by the state secretary .
Local election officials shall send early voting by mail ballots to those who
have applied as soon as ballots are available . No application shall be deemed
to be seasonably filed unless it is received in the office of the local
election official before noon on the last business day before the date on
which the rescheduled election is held .
( c ) Local election officials may substitute absentee ballots for early
voting ballots for those voters requesting to vote early by mail in municipal
elections . An early voting ballot or absentee ballot substituted for an early
voting ballot , along with an envelope bearing an affidavit as set forth in
section 25B of chapter 54 of the General Laws , shall be provided to each
qualified voter who participates in early voting by mail .
( d ) The local election officials 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 .
( e ) The counting of early voting ballots ' shall be consistent with
section 25B of chapter 54 of the General Laws and implemented regulations to
the extent practicable . 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 .
( f ) All early voting ballots voted by mail shall be received by the town
clerk before the hour fixed for closing the polls on the date on which the
rescheduled election is held . Early voting ballots cast under the authority
of this section shall be processed at the polls in a manner consistent with
that set forth in said section 25B of said chapter 54 .
House of R,�ep/reseenntatives , March �� 2020 .
Preamble adopted , \ 4ateCyu� Speaker .
v In Senate , March A 3 2020 .
Preamble ,ado ted
p A � President .
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House of Representatives , March 2020 .
Bill passed to be enacted , ` I Speaker .
�J �,J��� iJ f�✓�it�
In Senate , Mar 3 2020 .
Bill passed to be enacted , President .
Out- a�3
2020 .
Approved ,
at o ' clock and minutes , / M .
/D 7A
Governor .
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