950 CMR, § 54.05

Current through Register 1536, December 6, 2024
Section 54.05 - After the Polls Close: Punch-card Ballots
(1)Public May Observe Counting. The general public must be allowed inside the polling place after the polls close. The public must observe from outside the guard rail. Only election officers may handle ballots. All ballots cast must be kept in full view of the public while the processing of cards and envelopes is going on and until they are sealed in the boxes provided.
(2)The Clerk Shall Record Final Ballot Box Register Number in Election Record .
(3)Take Count of Voters on Both Voting Lists. The election officers in charge of each of the two voting lists shall count audibly and distinctly the number of names checked and shall announce the total numbers. The clerk shall record the numbers.
(4)Seal Checked Voting Lists in Envelopes. After tallying the voting list, an election officer shall place the tallied voting list in the envelope provided for that purpose. The election officer shall seal the envelope. This envelope shall be kept separately. The warden and clerk shall sign the certificate.
(4A)Escrow ballot envelope. Two election officers shall count the number of escrow ballots contained in the escrow ballot envelope, and write this number on the outside of the envelope. They shall not count the votes on any escrow ballots. They shall then seal the escrow ballot envelope.
(5)Count the Unused and Spoiled Ballot Cards. An election officer shall announce the total number of unused ballot cards. The total of used and unused and spoiled ballot cards should equal the total number of ballot cards received.
(6)Open Ballot Box and Remove Ballots. The warden shall unlock the ballot box with a key received from the police officer. The warden shall remove all cast ballots in the presence of other election officers.
(7)Separate and Check Punch-card Ballots. Two election officers, of opposite parties, shall examine each ballot card and envelope. If there is no write-in vote on the envelope, they shall separate each card from its envelope. If there is a write-in, they shall keep the card inside the envelope and put it aside. If there has been a challenged ballot, they shall check to see that matching numbers have been written on both the card and envelope before separating them. Ballot cards which appear to be damaged or improperly punched shall be put aside to be hand counted. If any kind of written mark appears on an envelope, whether it be valid or not, election officers shall not remove the card but shall place it back in its envelope and put it in a separate pile for further examination by the warden and precinct clerk.
(8)Invalidating Marks. No ballot shall be counted which contains any mark clearly designed to let election officers know that a certain person voted in a certain way. If a voter writes his name or marks his ballot with the letters of his name, these are distinguishing marks which identify a voter.
(9)Prepare Four Separate Groups of Ballot Materials. There shall be four separate stacks of:
(a) voted ballot cards
(b) unused write-in envelopes
(c) used write-in envelopes with the ballot card still inside.
(d) damaged and improperly-punched ballot cards.
(10)The Warden and Clerk Shall Examine the Ballot Materials.
(11)Process Write-ins. The warden and clerk shall place an identification number on each ballot card and envelope that contains a write-in, unless no name appears on the ballot for an office and no writing appears on the punchcard. This number shall be the precinct number plus a sequential number. This number should be written in red ink on both the card and the envelope. In a primary, they shall write the party name on the envelope.
(12)Compare Envelope and Ballot Card for Over-Vote. The warden and clerk shall check the write-in envelope ballot card for a possible over-vote by comparing the write-in vote with the vote cast on the ballot card for the same office.
(13)If There is an Over-Vote. If the number of votes for any office exceeds the number allowed, the election officers shall circle the punch on the card and shall write "over-vote for the office of " with a soft point pen on both the card and envelope. Over-voted ballots should then be entered on the sheet provided for that purpose. The card shall be inserted into the write-in envelope and the card and envelope shall be placed in the over-vote ballot tally envelope. The rest of the ballot shall be manually tallied either at the polling place or at the tabulation center.
(14)If There is no Over-Vote. If there is no over-vote and the write-in name is valid, the card shall be separated from the envelope and placed in the stack of cards that shall be tallied by the computer. The used write-in envelopes shall be placed in the envelope provided for them. The hand-written number shall remain on both the card and envelope making it possible to reconcile the two at a later date if necessary.
(15)Write-Ins. A write-in or sticker vote shall be counted whenever the intent of the voter can reasonably be determined, whether or not the voter has omitted the address or has made a mistake in the name or address of the candidate. The voter is not required to mark an "X" beside the name. At a presidential primary, a vote both for "no preference" and for a write-in or sticker candidate for president shall be counted as a vote for that write-in or sticker candidate. No write-in or sticker vote shall be counted unless the office title is indicated. If an office is to be filled both for a full term and for the remainder of an unexpired term to fill a vacancy at the same election, a write-in or sticker vote shall be counted for the full term unless the "vacancy" or the length of the unexpired term is indicated.
(16)Record Write-In Votes. Election officers shall record write-in votes on a block tally sheet, either at the polling place or at the tabulation center.
(17)Place Materials in the Metal Carrying Case. Unless the polling place has been designated as a tabulation center under M.G.L. c. 54, § 33F, election officers shall place the voted punch-card ballots, damaged and improperly-punched ballot cards, the write-in tally sheets (if write-in votes have been counted at the polling place), the challenged ballot envelopes, the valid write-in envelopes, and the envelope containing the over-voted write-in ballots and envelopes in the metal carrying case for transportation to the central tabulation center.
(18)Place Remaining Materials in the Fiberboard Box. Unless the polling place has been designated as a tabulation center, election officers shall seal checked voting lists including absentee voters lists in their envelope. The warden and clerk shall sign the certificate. They shall return the materials sealed in the fiberboard box, and the sealed voting list envelope, to the city or town clerk's office.
(19)Boxes Are Sealed, Locked and Readied for Transportation. Boxes shall be locked in the presence of the warden and the clerk.
(20)Election Officers Shall Not Throw Anything Away .
(21)Accompany Ballots. The warden and the clerk shall accompany the metal carrying case with the police officer to a central tabulation center, or to the clerk's office if the tabulation center is in another municipality.

950 CMR, § 54.05