Current through Register 1537, December 20, 2024
(1)
Delivery. Upon receipt of an application for an early
voting ballot by mail by a registered voter, the local election official shall
mail the ballot and accompanying papers to the address provided by the voter.
(a) The local election official shall provide
the early voter with an early voting ballot, instructions for marking the
ballot and returning it, an affidavit envelope, and an outer envelope for
returning the ballot to the local election official.
(b) If the voter was listed as inactive, the
local election official shall include an affirmation of current and continuous
residence with the early voting materials, unless the voter has affirmed that
the address at which he or she is listed as inactive is his or her address for
voting purposes.
(2)
Method of Voting. A voter who has received an official
early voting ballot by mail shall mark it in the presence of no other person,
except as provided in 950 CMR 47.10(3). The voter shall then enclose and seal
the ballot in the affidavit envelope provided, and execute the affidavit on
such envelope. The voter shall return the ballot, sealed in such envelope, as
hereinafter provided.
(3)
Assistance to Early Voters. If an early voter is
unable to mark his or her ballot or execute the affidavit on the envelope due
to blindness, physical disability or inability to read or to read English, he
or she may be assisted by a person he or she designates. Such designated person
shall add his or her name in the appropriate space on the affidavit
envelope.
(4)
Spoiled
or Replacement Ballots.
(a) If an
early voter who received his or her ballot by mail makes a mistake in marking
his or her ballot, the voter shall return the ballot to the local election
official and request a new ballot. Voters shall be allowed up to a total of
three ballots.
1. Upon receipt of a spoiled
ballot, the local election official shall mark it "spoiled" on both the ballot
and affidavit envelope and shall enclose it in the spoiled ballot
envelope.
2. No request for a
substitute ballot from a voter who has received his or her ballot by mail shall
be valid unless it is accompanied by the spoiled ballot and a request for a new
ballot.
(b) If an early
voter having requested an early voting ballot by mail fails to receive an early
voting ballot the voter may notify the local election official in writing and
request a replacement ballot.
Upon receipt of written notice from an early voter that he or
she did not receive the request early voting ballot, the local election
official shall send a replacement ballot an accompanying paperwork to the
voter.
(5)
Return of Early Voting Ballot. A voter who receives
the ballot by mail, as provided in this section, may return it by mail to the
local election official in the envelope provided, or such voter may deliver it
in person to the office of the local election official or to an early voting
location during the prescribed early voting hours.
(a) The local election official, or a person
designated by the local election official, shall open each outer envelope
purporting to contain an official early voting ballot as soon as possible after
receiving it, in the view of any persons who may be present. The local election
official shall remove therefrom the outer mailing envelope provided in 950 CMR
47.06(l)(b), without opening such affidavit envelope, and examine the affidavit
on each such envelope. If the local election official finds that such affidavit
has been improperly executed, or is incomplete, the local election official
shall mark across the face thereof "Rejected as defective", and shall place on
the early voting disposition list required by 950 CMR 47.08, as the case may
be, opposite the name of the voter the capital letter R.
(b) The local election official shall notify,
as soon as possible, each voter whose early voting ballot was rejected that
such ballot has been rejected. Said notice shall be on a form prescribed by the
Secretary and provided by the local election official. Unless the local
election official determines that there is clearly insufficient time for the
voter to return another ballot, the local election official shall then proceed
as if the voter had requested a substitute ballot. If the local election
official received the original ballot by mail, the local election official
shall enclose the substitute ballot and other papers described in 950 CMR 47.06
with the mailed notice of rejection. If the local election official timely
receives an affidavit envelope purporting to contain such a substitute ballot,
and does not mark it "Rejected as Defective" under 950 CMR 47.10(5)(b), the
local election official shall strike the letter R from any list on which it has
been placed under 950 CMR 47.10(5)(a).
(c) If the affidavit on the affidavit
envelope appears to be complete, the local election official shall mark the
early voting list that the early voting ballot has been received and
accepted.
(6)
Deadline for Return. Early voting ballots returned by
mail must be received by the local election official before the hour fixed for
closing the polls.
(7)
Return of Early Voting Ballot; Ineligibility to Vote Again by Mail
or in Person. Upon acceptance of an envelope containing an early
voting ballot, the ballot shall be considered cast and such voter shall not be
eligible to vote by mail, in person at an early voting location, or at the
polls on Election Day.