950 CMR, § 57.08

Current through Register 1536, December 6, 2024
Section 57.08 - Online Voter Registration

Provision 950 CMR 57.07 is the implementation of M.G.L. c. 51, § 33A, which requires the Secretary to create and maintain a secure online portal allowing a person to complete an affidavit of registration online.

(1)Voter Registration Affidavit.
(a) The Secretary shall prepare a form for affidavit of voter registration that shall be available online. Said form shall contain the information and the statements required in 52 USCS § 20504(c)(2).
(b) In order to use the online application process, an applicant must have a valid Registry record and consent to use of their signature from the Registry. The registrar of motor vehicles shall make appropriate provisions to facilitate the electronic transfer of the image of the signature to the central voter registry, but only if the applicant has a valid record at the Registry which includes the applicant's legal name, date of birth, documentation of reliable citizenship information, and the applicant's electronic signature. If the applicant's record does not include documentation of reliable citizenship information or if the signature cannot be found, the applicant shall be unable to submit an online application.
(c) Every applicant who applies to register to vote online shall be provided with a confirmation of the submission of their completed voter registration application.
(d) When the Secretary electronically transmits voter registration information submitted online, the applicant's voter registration information including image of their signature shall be maintained electronically at the central voter registry, but shall be available for inspection by the registrars of the applicant's city or town or by summons in a legal proceeding.
(2)Registering Online at the Registry of Motor Vehicles.
(a) Online Registry transactions other than a motor vehicle driver's license application or renewal application, which are completed online, shall provide the applicant with the opportunity to register to vote.
(b) Any change of address submitted to the Registry online shall automatically serve as notification of change of address for voter registration purposes, unless the registrant states that the change of address is not for voter registration purposes.
(c) The Registry shall accept the completed voter registration affidavit for transmittal pursuant to 950 CMR 57.06(3).
(3)Transmission of Voter Registration Affidavits. Voter registration applications and changes of address submitted online through the Registry shall be transmitted electronically by the Registry to the central voter registry within five days. The central voter registry shall thereafter make the electronic record available to the appropriate local registrar for processing.
(4)Receipt of Online Voter Registration Affidavit and Change of Address Notification by Registrars.
(a) The registrars of voters shall accept completed online applications of voter registration from the Secretary.
(b) Upon receipt of each completed application of registration, the registrars shall add the applicant's name, address, and effective date of registration to the annual register of voters. The registrars shall send an acknowledgment notice to the registrant. The registrars shall certify the receipt of each completed affidavit of registration and shall notify the person of the disposition of the affidavit.
(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 reached 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 registration is incomplete, 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 the provisions of 950 CMR 57.06(4)(c), the registrant is deemed to be a registered voter at the time of completion of the online voter registration application.

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

(g) If the registrars receive a change of address notification from the Registry showing that a registered voter has moved within the same city or town, the registrars shall change the voter's registration address accordingly.
(h) If the registrars receive a change of address notification from the Registry showing that a voter has moved to another city or town, the registrars shall remove the voter from the voting list.

950 CMR, § 57.08

Adopted by Mass Register Issue 1414, eff. 4/3/2020.
Amended by Mass Register Issue 1499, eff. 6/22/2023 (EMERGENCY).