950 CMR, § 57.05

Current through Register 1536, December 6, 2024

Section 57.05 - Voter Registration at Registration Agencies under the NVRA

950 CMR 57.00 applies to city and town clerk's offices, military recruitment offices, those state agencies that provide public assistance or assistance to people with disabilities and offices that provide state funded programs primarily engaged in providing services to people with disabilities in accordance with the NVRA.

(1)Agency Assistance.

(a) At each voter registration agency, a form shall be distributed, as prescribed in 52 U.S.C. 205065(a)(6)(B), with each application for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance. This form shall be called a voter preference form or a declination form.

(b) During an in person transaction, if the applicant declines to register to vote, the voter preference form shall be signed by the applicant, and retained by the registration agency.

(c) If the applicant chooses to register to vote, the voter preference form shall be signed by the applicant, and retained by the agency. The applicant shall then be provided with an affidavit of voter registration.

(d) If the applicant declines to sign the voter preference form during an in person transaction, they must be provided with a mail-in agency voter registration form.

(e) Each voter registration agency shall provide the applicant with the same level of assistance in filling out the voter registration form as is provided by the agency in completing its own form, unless the applicant refuses such assistance.

(f) Each voter registration agency must accept the completed affidavit of voter registration for transmittal pursuant to 950 CMR 57.05(3).

(g) When a voter registration agency distributes its application for service, recertification, renewal, or change of address form by mail, it shall include in such mailing a mail-in agency voter registration form, supplied by the Secretary.

(2)Voter Registration Affidavit.

(a) The Secretary shall prepare blank forms for affidavits of voter registration and shall supply sufficient quantities of such forms to each voter registration agency listed in 950 CMR 57.02.

(b) The Secretary shall prepare voter registration preference forms and shall supply such forms in quantities requested to each voter registration agency. Agencies should request forms through the NVRA coordinator and allow for at least ten business days to receive them.

(c) Each registration agency shall use only the affidavit of voter registration form and a voter preference form prescribed or approved by the Secretary. Each agency is encouraged to combine said forms with the agency's own application, renewal, recertification or change of address form, subject to review and approval by the Secretary.

(d) Every applicant who registers to vote in person at a registration agency shall be provided with a copy of the completed voter registration affidavit.

(e) For each in person transaction conducted at an agency, the voter registration agency shall retain an applicant's completed voter preference form. The voter preference form shall not be a public record.

(3)Transmission of Voter Registration Affidavits.

(a) The voter registration agency shall mail or deliver the original completed affidavit of voter registration for any in person applicant to the board of registrars of voters of the city or town where the applicant resides within five days after it is completed by the applicant at the agency.

(b) The Secretary may, at his or her discretion, accept voter registration applications electronically from voter registration agencies for transmission within five days to the board of registrars of voters of the city or town where the applicant resides. This shall only apply to voter registration applications submitted electronically through an integrated system approved by the Secretary.

(4)Receipt of Agency Voter Registration Affidavits by Registrars.

(a) The registrars of voters shall accept completed affidavits of voter registration from registration agencies.

(b) Upon receipt of each completed affidavit of voter registration, the registrars shall add the applicant's name, address, mailing address, if any, date of birth, party affiliation, if any, and effective date of registration to the annual register of voters. The registrars shall send an acknowledgment notice to the registrant and a notice of receipt to a pre-registrant.

(c) If, after examination of an affidavit of registration, it appears to the registrars that the person has all the qualifications to be registered as a voter, except that of age, and the person has obtained 16 years of age, then they shall enter the person's name in the current annual register of voters with the designation "pre-registrant" or other term or code as specified by the Secretary. The designation shall be removed when the person becomes eligible to vote in the next preliminary, primary, special or general election or town meeting.

1. The registrars shall send a notice of receipt to each pre-registrant upon final disposition of the affidavit of voter registration.

2. The registrars shall send an acknowledgement notice to each pre-registrant upon the pre-registrant becoming eligible to vote.

(d) If the affidavit of voter registration is incomplete, or is on an unauthorized form, the registrars shall follow the provisions of 950 CMR 57.04(3).

(e) The registrars may correct information supplied by the applicant to the extent necessary to maintain the integrity of their records.

(f) Subject to 950 CMR 57.05(4)(c), the registrant is deemed to be a registered voter at the time of completion of a signed affidavit of registration at a registration agency. If the registrant submits a mail-in agency form, the registrant is deemed to be a registered voter as of the date of the postmark on the form or on the date on which the mail-in agency form is hand-delivered to the registrars.

A pre-registrant is deemed to be a registered voter as of the date they become eligible to vote.