Section 53.03 - During the Voting Hours(1)Ready Machines for Voting and Declare Polls Open. An election officer shall cut the seal and remove it from the machine if this has not already been done. An election officer shall activate the machine. The keys shall be sealed in their proper envelope and the envelope shall be placed in the protective custody of the warden or police officer. The warden shall declare that the polls are open.(2)Who May Vote. Anyone whose name appears on the voting list shall be qualified to vote. The election officer shall check the supplementary voting list.(3)Voter States Name and Address. The voter must announce his address and name to the election officer in charge of the check-in voting list.(4)Look for the Name on the Voting List. The election officer shall find the name and shall repeat it loudly and clearly. If it is a primary, the officer shall announce the party as well.(5)Name Dropped or Listed Incorrectly. (a)Procedure. If the name, address, or party enrollment of a person claiming the right to vote does not appear on the voting list or is listed incorrectly, the presiding officer must communicate with the office of the registrars of voters to ascertain whether the person is entitled to vote. If the presiding officer or the registrars determine that the person is entitled to vote, the presiding officer shall complete the proper certificate, attach it to the voting list, and allow the voter to vote. If the presiding officer or the registrars are unable to make this determination, the presiding officer shall direct the person to the registrars' officer. If the registrars then determine that the person is entitled to vote, the person may vote there immediately by absentee ballot, or may return with the certificate to vote at the polling place. The registrars or their agents shall orally inform each such person at their office of the opportunity to vote there. If a voter at a primary proves under 950 CMR 53.03 that his or her party enrollment is listed incorrectly, the voter shall be allowed to vote in the correct party's primary. Whenever a person is allowed to vote under 950 CMR 53.03(5) and M.G.L. c. 51, § 59, the registrars shall add the current name, address and previously established party enrollment of that person to the register of voters, without requiring further action by the person. If the name, address, or party enrollment of a person claiming the right to vote appears on the voting list as an inactive voter, the presiding officer shall allow such inactive voter to vote upon written affirmation by the inactive voter of his current and continuous residence in the municipality, (or, at a state primary or state election, residence in the municipality within the previous six months,) signed under the penalties of perjury. Such written affirmation shall be attached to and be considered part of the voting list, returned and preserved therewith, and such inactive voter shall be restored to the active voting list at his current residence, without requiring further action by the person.
(b)Standard. The registrars must determine persons to be entitled to vote under 950 CMR 53.03 and M.G.L. c. 51, § 59 whenever such persons have registered to vote in that city or town in the past and affirm in writing, signed under the penalties of perjury, that they have continuously resided in the city or town (or, at a state primary or election, resided in the community within the past six months,) unless the registrars affirmatively establish, by evidence other than failure to respond to the street listing under M.G.L. c. 51, § 4, or failure to respond to a notice under M.G.L. c. 51, § 37, that the person has not in fact continuously resided in that city or town, (or, at a state primary or election, resided in the city or town within the past six months.) The written affirmation shall be on a form which must be available at the polling place stating: "I am currently a legal resident of (city or town), and have continuously been a legal resident here since (last date of ascertained registration). Signed under the penalties of perjury." For the purpose of ascertaining past registration, the registrars must check all available records for at least the previous three years. If the inactive voter has moved within the city or town, the voter will write the address at which he or she last registered to vote, as well as his or her current address. The inactive voter will vote at the polling place which corresponds to his or her address as it appears on the inactive voting list. After the election, if the voter has moved within the city or town, the voter shall be restored to the active voting list at his or her current address, without requiring further action by the person.
All inactive voters shall be asked to show suitable identification showing their name and current address. Inactive voters who fail to show suitable identification must be allowed to vote. However, an election officer shall, and any other person may, challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 53.03(19). For the purpose of 950 CMR 53.03(5)(b) suitable identification shall be defined in 950 CMR 53.03(5B).
(c)Communications. To carry out the communications required by 950 CMR 53.03 and M.G.L. c. 51, § 59, a properly functioning telephone or other equivalent communications, and a sufficient supply of blank certificate forms, must be immediately available to the presiding officer at every polling place. At the registrars' office, at least one properly functioning telephone line for every 10,000 registered voters or fraction thereof in the city or town (including lines entering a main city or town switchboard and connection to the required number of lines in the registrars' office), or other equivalent communications, and sufficient personnel available to staff them continuously, must be available for incoming calls throughout the time when polls are open. (5A)Escrow ballots. A person claiming the right to vote in a precinct, but who is not allowed to vote for any reason, must be allowed to mark an escrow ballot. Such persons include, but are not limited to, persons who are determined not to be entitled to vote under the certificate procedure of M.G.L. c. 51, § 59 and 950 CMR 53.03(5), voters whose names are already checked on the voting list as having voted, and voters who claim their recorded party enrollment is incorrect, thereby preventing their voting in a party primary. An election officer shall orally inform every such person of his right to mark an escrow ballot, of the procedure for doing so, and of the fact that the escrow ballot will not be counted unless the outcome is sufficiently close and the person is later determined to be entitled to vote; in the case of such persons determined at the polling place not to be entitled to vote under the certificate procedure, the election officer shall also inform such persons of their option to go to the registrars' office and to vote there under the certificate procedure if determined to be entitled to vote, otherwise to mark an escrow ballot there. In all cases, escrow ballots shall be marked according to the following procedure. An election officer shall write the word "escrow" on the back of a ballot, and the person shall add his or her name and address. The election officer shall administer to the person the challenged voter's oath in 950 CMR 53.03(19)(c). The person shall mark the ballot as usual, but it shall not be cast in the ballot box. An election officer shall instead place it in an envelope marked "escrow ballots," and shall note the event in the clerk's election record.(5B)Identification. If so authorized by the city or town clerk or registrars of voters, an election officer may request any voter to present written identification. Such requests shall not discriminate in any way, but shall be entirely random, consistent, or based on reasonable suspicion. For the purpose of 950 CMR 53.03(5B), of M.G.L. c. 54, § 76B, and of 950 CMR 53.03(5)(b), suitable written identification includes a driver's license, recent utility bill, rent receipt on a landlord's printed letterhead, lease, duplicate copy of a voter registration affidavit, or any other printed identification which contains the voter's name and address. If voters fail to present suitable written identification when so requested, they must still be allowed to vote, but an election officer or any other person may challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 53.03(23).(6)Mark the Voting List. The election officer shall check the voter's name by marking it on the voting list. Ina primary, the voter shall vote on the ballot of the party in which he is enrolled. An unenrolled voter may choose to vote on the ballot of any party. The election officers shall ask unenrolled voters in which party they choose to enroll. The officer shall mark a D (Democratic) or R (Republican) next to the names of unenrolled voters when they indicate a party preference. At a presidential primary, election officers shall explain to voters who inquire that they may change their enrollment after voting by filling out a card available at the polls, which must be transmitted to the city or town clerk.(7)Voter's Certificate. An election officer shall hand the voter a numbered voting authority certificate.(8)Direct Voter to Machines. The election officer shall direct the voter to the proper machine. The voter shall give his voting authority certificate to the election officer, who shall deposit it in the container provided. If the machine contains ballot labels for both parties in a primary, the officer shall set the primary lever to the proper party. The officer shall press the entrance button to the machine. The officer shall then allow the voter to enter the machine booth, close the curtain, and vote. The curtain may be manually closed.(9)One Person Per Voting Machine. Only one person shall be allowed in a voting machine booth except when assistance is provided to a physically disabled or blind person or to a voter who cannot read or who cannot read English.(10)Time Allowed. Voters shall be allowed five minutes to vote if others are in line and ten minutes if there are no voters waiting. If a line of voters forms, this rule should be equally enforced. If there is no line, election officers may be more lenient.(11)Instruction and Assistance to Voters. (a)Instruct Voters . An election official may answer questions and instruct the voter on the proper method of voting by machine. Election officers shall use a voting machine or the demonstration model to illustrate voting on the machine and shall direct voters to the specimen ballots.(b)Instruction is Different From Assistance. Instruction shall consist of informing the voter on the proper method of voting by machine; assistance shall consist of actually voting for the voter. Except as the law permits, a voter must vote himself.(c)Assistance to Voter. If a voter asks for assistance in voting due to blindness, physical disability, or inability to read or to read English, he shall be assisted by a person of his own choice or if he desires instead by two election officers of different parties.(d)Do Not Influence Voter. Election officers shall not in any manner request or seek to persuade or influence any voter to vote for or against any person or political party or ballot question.(12)If a Voter Requests Instruction or Assistance After Entering the Voting Machine Booth . If a voter requests instruction or assistance after entering the voting machine booth two election officers of different political parties may instruct or assist the voter in the voting booth.(13)Voting Machine Problems. If a voter reports a problem with the machine, two election officers, one representing each party, shall check the machine and attempt to assist the voter in casting his vote. If he has inadvertently opened a write-in slot and the election officers can determine that no write-in vote has been cast, he may be allowed to use another machine. The event shall be recorded in the Clerk's Election Record.(14)Voting Machine Failure.(a)Call Voting Machine Custodian. If the voting machine is not operating properly, it shall immediately be taken out of service, and the warden shall call the voting machine custodian. Election officers shall not try to solve the problem themselves. Two election officers each representing a different party shall be present while the custodian is repairing the machine. These officers must fill out and sign a certificate of voting machine failure.(b)Certificate of Voting Machine Failure. A certificate shall contain the following information: 1. The reason for the failure (according to the custodian)2. That a custodian repaired the machine3. The number of the machine4. The number of votes which should be subtracted from the public counter due to the failure. (The custodian shall indicate how many.)
This certificate must be preserved with the election records, and the details of the event recorded in the clerk's Election Record.
(c)Election Officers Sign Order When Machine is Placed Out of Service. If the machine cannot be put back into working order, it shall be placed out of service for that election and a statement that the machine is out of order shall be signed by the election officers and filed with the election returns.(d)Use Absentee Ballots if Machine Fails. If all voting machines at the polling place fail to operate at any given time, the warden must continue to allow voters to vote using the supply of absentee ballots provided. The warden shall write the words "Cast due to machine failure" on each absentee ballot prior to giving it to the voter. These ballots shall be placed in the ballot box and counted along with other absentee ballots. As soon as the voting machines are returned to service, use of the absentee ballots shall be discontinued. The details of this event must be recorded in the clerk's Election Record.
(15)Write-ins. A voter may cast a write-in or sticker vote in the space provided, for a candidate whose name does not appear on the ballot labels for that office.(16)Push Handle to Record Vote. The voter shall register his vote by: (a) pushing the handle to open the curtains on an AVM machine;(b) pushing the red voting switch to open the curtains on a Shoup machine or manually opening the curtains;(c) pushing the "vote" button on a direct electronic machine.(17)Number of Voters Allowed. When all the voting machines are filled, no more voters than twice the number of voting machines provided shall be permitted inside the guard rail.(18)Candidates' and Their Workers' Rights and Restrictions .(a)Observers. To achieve the legal requirement that the election be held in public view, observers shall be allowed inside the polling place, outside the guard rail, unless they are disorderly or obstruct the access of voters. They may keep notes including marked voting lists. If there are so many observers in the polling place that they obstruct voters, they may be asked to cooperate in collecting information. The warden may exclude from the polling place any person who is disorderly or who obstructs the access of voters.(b)Voting Machines Clear of Campaign Literature. Election officers shall check the voting machines regularly to see that no one has left any literature in the booth. The polling place must be kept clear of any campaign material.(c)Campaign Material. No campaign material intended to influence the vote of a voter in the ongoing election, includingcampaignliterature, buttons, signs, and ballot stickers, may be posted, exhibited, circulated, or distributed in the polling place, in the building where it is located, on the building walls, on the premises where the building stands, or within 150 feet of an entrance door to the building. As used in this paragraph and M.G.L. c. 54, § 65, the "premises" where or on which the building stands means only the grounds in the immediate vicinity of the building, and does not include the entirety of a large parcel of real property. No person shall collect or solicit signatures on nomination papers or petitions of any kind within 150 feet of an entrance door to the building. The police officer shall enforce this rule under the direction of the warden. Access to the polling place must be open and unobstructed and the voters may not be hindered.(d)Activities at Polling Place. Within 150 feet of a polling place as defined in 950 CMR 53.03(18)(c), no person shall solicit votes for or against, or otherwise promote or oppose, any person or political party or position on a ballot question, to be voted on at the current election.(19)Challenges.(a)Challenges of the Right to vote. Any election officer or other person may challenge a person's right to vote. The challenger may challenge an absentee ballot as well. The challenger must state the reason for challenging the right of a person to vote, for example: this person is not old enough to vote; this person is not a citizen; this person should have been removed from the voting list; this person has already voted; this person is not the person he claims to be.(b)Illegal Challenges. Challengers should be aware that any person challenging a voter for the purpose of intimidation or of ascertaining how he voted may be fined up to $100.(c)Challenge Procedure. Election officers shall not permit the challenger and the voter to engage in any arguments. If a voter is challenged, the warden shall administer the following oath to the challenged person: "You do solemnly swear (or affirm) that you are the identical person whom you represent yourself to be, that you are registered in this precinct, and that you have not voted in this primary (or election)."
The person who is challenged cannot use the voting machines. Instead the challenged voter shall be given an absentee ballot with the word "challenged" stamped or written on the face. The warden shall require the challenged person to write his name and present residence on the outside of the ballot. (If it is an absentee ballot, the warden shall insert this information.) The warden shall add the name and address of the challenger and the stated reason for the challenge, and the voter may cast the ballot in the ballot box. No statement shall be made or information given by any person as to how the person voted.
The clerk of the precinct shall record in the clerk's Election Record the name and residence of every person who is challenged and has voted. The election officers in charge of the voting list shall mark the letters "CV" next to the challenged voter's name on the voting list.
(20)Only the Following Personnel shall be Permitted Within Guard Rail. (b) Voters in the process of voting(c) Police officers with the permission of the warden(d) Representatives of the clerk's office(e) Children may accompany a voter within the guardrail, unless the warden decides that it would disrupt good order.(21)Information by Election Officers Prohibited. Before the public declaration of the vote, no election officer shall make any statement regarding the number of votes cast, the number of votes given to any person, the name of any person who has voted or whose name has not been checked, or of any other fact tending to show the state of the polls. But an officer shall, if requested, make a statement of the numbers on the ballot box register, on the last voting authority certificate, or on the public counter.(22)Processing Absentee Ballots. (a)Deliver Absentee Ballots. The absentee ballots shall be delivered during the day, not later than one hour after the polls close.(b)Warden Shall Process Absentees. The warden may process absentee ballots whenever there is free time, from the time the polls open in the morning and throughout the day. The warden shall not count any ballots until after the polls close. No ballots may be removed from the ballot box until the polls are closed.(c)Absentee Ballots to be Processed. The city or town clerk, and not the election officers, shall determine whether to reject an absentee ballot as defective. If the ballot is transmitted to the polls, election officers shall process it through unless the person's name has been marked on the voting list as having voted in person, or the name is not on the voting list. Election officers shall verify that the name of the person who signed the absentee ballot envelope is on the voting list. Election officers must inform the city or town clerk if the name does not appear on the voting list.(d)Mark the Voting List. The letters AV or SAV must have already been written in front of the absent voter's name. A mark shall be made beside the name of the voter to indicate the vote has been cast. An election officer shall announce the name and address, and party in a primary, of each absentee voter.(e)Open Ballot Envelope. Election officers shall open the ballot envelope carefully so as not to deface, mark, or tear the ballot or the ballot envelope. Election officers shall place the ballot envelopes in the proper container.(f)One Ballot Per Envelope. The ballot envelope must not contain more than one ballot. If more than one ballot is in the envelope, neither ballot shall be counted and those ballots shall be placed back in the ballotenvelope which shall be marked "Rejected as Defective" and placed in the proper container.(g)Challenging of Absentee Ballots. In the precinct, if an absentee ballot is challenged when cast, the procedure is the same as in 950 CMR 53.03(19)(c) except that the warden shall write the name and address of the absent voter on the ballot. After this, the ballot shall be deposited in the ballot box.(h)Remove Ballot and Place in Ballot Box. The warden shall remove each ballot from its envelope without unfolding or examining it. The warden shall present the ballot to the ballot box officer who shall wind it into the ballot box face-up with the name of the community, ward and precinct showing. The envelope shall be kept separate.(i)Absentee Ballot Envelopes Shall Be Returned to the Election Authority.(23)Absentee Voters Who Seek to Vote in Person. If any person who has been sent an absentee ballot tries to vote in person at the election, election officers should see the letters AV or SAV opposite his name on the voting list. This person must present a certificate obtained from the city or town clerk authorizing him to vote in person. The city or town clerk shall by telephone authorize the presiding officer to issue such certificate if the clerk determines that a voter at the polling place is entitled to it, and the presiding officer shall then sign and issue the certificate. The presiding officer shall securely attach the certificate to the voting list and shall duly note that the voter in fact voted in person. If no certificate is authorized, election officers must refuse to let him vote and they shall refer him to the city or town clerk.(24)"Specially Qualified Voters" and New Citizens Who Register Late. "Specially qualified voters" and legal residents of the commonwealth who become citizens and register to vote after the regular registration deadline under M.G.L. c. 51, §§ 50-51 shall present their certificates of supplementary registration to the warden at the polling place, and these certificates shall be attached to the voting list. If the specially qualified voters or new citizens are applying for absentee ballots, the certificate shall be attached to the voting list before it goes to the polling place, and the procedure on election day shall be the same as for a regular absentee voter.(25)Announce the Polls Closed. An election officer shall announce that the polls are closed at the designated time. Each person in line when the polls close must be allowed to vote. If possible, all waiting voters shall be inside the polling place. The police officer shall be directed either to stand at the end of the line and move along toward the inspector until the last person eligible has voted, or to hand out certificates stating that the person was in line when the polls closed.(26)Lock Machine Against Voting. Immediately after the polls close and all voters in line have voted, the machine shall be locked against voting.