950 CMR, § 53.01

Current through Register 1533, October 25, 2024
Section 53.01 - General Duties of Election Officers
(1)Election Officers Assigned to Each Polling Place. Each precinct must have assigned to it a warden, clerk and at least two inspectors (four in cities unless the clerk determines that fewer inspectors are needed), unless in a town where five or fewer precincts vote in the same building the selectmen decide otherwise under M.G.L. c. 54, § 24. In addition, precincts may have a deputy clerk, deputy warden, additional inspectors as are needed to run the election, and as many tellers as are necessary to count the votes after the election.
(2)Election Officers Must Represent Political Parties. With in each precinct, the election officers must equally represent the two leading political parties. However, two of the officers in each precinct may be unenrolled.

The warden and deputy warden must be from the same party and different from that of the clerk and deputy clerk. No more than half the inspectors may be from the same party.

Party representation requirements apply only if the chairman of the city or town committee of each political party or the chairman of the state committee of such party files with the registrars lists of enrolled members of the party who desire appointment as election officers under M.G.L. c. 54, §§ 11B, 12 and 13.

(3)Warden: General Duties and Authority. The warden shall be the chief election officer at the polling place. The warden shall supervise the other precinct election officers before the polls open, during the election, and during the vote count. The warden is responsible for maintaining order and handling violations of election law by election officers or others. The warden may use police assistance when necessary.

If the warden leaves, his deputy shall be in charge, but if there is no deputy, he may designate a qualified election officer to be in charge.

(4)Clerk: General Duties. The election clerk shall keep a record of all facts relating to the proceedings of the election required by law to be recorded. The clerk shall note any unusual happenings such as challenged votes or ballots and inoperative machines during the conduct of the election. The clerk is responsible for maintaining the Election Record, filling out forms and adding vote totals for each candidate on the total tally sheet. The clerk shall read and record the voting machine protective counter, and check the public counter, before and after the election.
(5)Inspectors: General Duties. Inspectors shall be assigned to duties by the warden. Two election officers of different political parties shall be assigned to the check-in area at the entrance to the voting area. Party representation requirements may not apply under 950 CMR 53.01(2).
(6)Voting Machine Custodians. Voting machine custodians shall be in charge of the preparation and upkeep of voting machines. They shall be in charge of setting up the voting machine prior to the opening of the polls. If they are requested by the warden to make repairs or adjustments during the election they must make the repair in the presence of at least two election officers.

950 CMR, § 53.01