950 CMR, § 56.01

Current through Register 1536, December 6, 2024

Section 56.01 - General Provisions

(1)Purpose. 950 CMR 56.00 provides procedures for the Secretary to decide whether a pattern of conduct or a standard, practice or procedure of a local official is contrary to the election laws, under M.G.L. c. 56, § 60 and further provides an administrative complaint procedure in accordance with the requirements of Section 402 the Help America Vote Act of 2002. These provisions shall be construed to promote the fundamental right to vote and the uniform application of the election laws throughout the Commonwealth.

(2)Definitions. As used in 950 CMR 56.00:

Election Laws (as used in 950 CMR 56.00) and Genera l or Special Law concerning administration of elections" (as used in M.G.L. c. 56, § 60) include any provision of M.G.L. chs. 50 through 54, or of any other general or special law, including the provisions of the Help America Vote Act of 2002, 42 USC 15301, constitutional provision, or home rule charter concerning administration of elections, or of any regulation adopted under authority of any of the preceding provisions, or of any judicial or administrative decision interpreting any of the preceding provisions.

HAVA means the relevant provisions of the Help America Vote Act of 2002, 42 USC 15301, et seq.

Local Official includes one or more of a city or town clerk, election commission, board of registrars of voters, or any other municipal or district officer upon whom a duty is imposed by the election laws.

Secretary means the state secretary, or the state secretary's chief legal counsel or another attorney designated to act on the state secretary's behalf.

Urgent Circumstances shall be determined by the Secretary and include, but are not limited to, the time period on or near the day of a primary, caucus, or election, or of a deadline for voter registration or for filing or submitting any relevant document under the election laws.

(3)Amendment. 950 CMR 56.00 may be amended at any time in the manner provided by law. Any interested person may petition the Secretary requesting the adoption, amendment, or repeal of any regulation, under M.G.L. c. 30A, § 4. This petition shall be considered by the Secretary within 30 days after filing.

950 CMR, § 56.01