Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 53.00 - Voting And Counting Procedures For Voting Machines
Section 53.03 - During the Voting Hours
Current through Register 1537, December 20, 2024
(1) Ready Machines for Voting and Declare Polls Open. An election officer shall cut the seal and remove it from the machine if this has not already been done. An election officer shall activate the machine. The keys shall be sealed in their proper envelope and the envelope shall be placed in the protective custody of the warden or police officer. The warden shall declare that the polls are open.
(2) Who May Vote. Anyone whose name appears on the voting list shall be qualified to vote. The election officer shall check the supplementary voting list.
(3) Voter States Name and Address. The voter must announce his address and name to the election officer in charge of the check-in voting list.
(4) Look for the Name on the Voting List. The election officer shall find the name and shall repeat it loudly and clearly. If it is a primary, the officer shall announce the party as well.
(5) Name Dropped or Listed Incorrectly.
If the name, address, or party enrollment of a person claiming the right to vote appears on the voting list as an inactive voter, the presiding officer shall allow such inactive voter to vote upon written affirmation by the inactive voter of his current and continuous residence in the municipality, (or, at a state primary or state election, residence in the municipality within the previous six months,) signed under the penalties of perjury. Such written affirmation shall be attached to and be considered part of the voting list, returned and preserved therewith, and such inactive voter shall be restored to the active voting list at his current residence, without requiring further action by the person.
If the inactive voter has moved within the city or town, the voter will write the address at which he or she last registered to vote, as well as his or her current address. The inactive voter will vote at the polling place which corresponds to his or her address as it appears on the inactive voting list. After the election, if the voter has moved within the city or town, the voter shall be restored to the active voting list at his or her current address, without requiring further action by the person.
All inactive voters shall be asked to show suitable identification showing their name and current address. Inactive voters who fail to show suitable identification must be allowed to vote. However, an election officer shall, and any other person may, challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 53.03(19). For the purpose of 950 CMR 53.03(5)(b) suitable identification shall be defined in 950 CMR 53.03(5B).
(5A) Escrow ballots. A person claiming the right to vote in a precinct, but who is not allowed to vote for any reason, must be allowed to mark an escrow ballot. Such persons include, but are not limited to, persons who are determined not to be entitled to vote under the certificate procedure of M.G.L. c. 51, § 59 and 950 CMR 53.03(5), voters whose names are already checked on the voting list as having voted, and voters who claim their recorded party enrollment is incorrect, thereby preventing their voting in a party primary. An election officer shall orally inform every such person of his right to mark an escrow ballot, of the procedure for doing so, and of the fact that the escrow ballot will not be counted unless the outcome is sufficiently close and the person is later determined to be entitled to vote; in the case of such persons determined at the polling place not to be entitled to vote under the certificate procedure, the election officer shall also inform such persons of their option to go to the registrars' office and to vote there under the certificate procedure if determined to be entitled to vote, otherwise to mark an escrow ballot there. In all cases, escrow ballots shall be marked according to the following procedure. An election officer shall write the word "escrow" on the back of a ballot, and the person shall add his or her name and address. The election officer shall administer to the person the challenged voter's oath in 950 CMR 53.03(19)(c). The person shall mark the ballot as usual, but it shall not be cast in the ballot box. An election officer shall instead place it in an envelope marked "escrow ballots," and shall note the event in the clerk's election record.
(5B) Identification. If so authorized by the city or town clerk or registrars of voters, an election officer may request any voter to present written identification. Such requests shall not discriminate in any way, but shall be entirely random, consistent, or based on reasonable suspicion. For the purpose of 950 CMR 53.03(5B), of M.G.L. c. 54, § 76B, and of 950 CMR 53.03(5)(b), suitable written identification includes a driver's license, recent utility bill, rent receipt on a landlord's printed letterhead, lease, duplicate copy of a voter registration affidavit, or any other printed identification which contains the voter's name and address. If voters fail to present suitable written identification when so requested, they must still be allowed to vote, but an election officer or any other person may challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 53.03(23).
(6) Mark the Voting List. The election officer shall check the voter's name by marking it on the voting list. Ina primary, the voter shall vote on the ballot of the party in which he is enrolled. An unenrolled voter may choose to vote on the ballot of any party. The election officers shall ask unenrolled voters in which party they choose to enroll. The officer shall mark a D (Democratic) or R (Republican) next to the names of unenrolled voters when they indicate a party preference. At a presidential primary, election officers shall explain to voters who inquire that they may change their enrollment after voting by filling out a card available at the polls, which must be transmitted to the city or town clerk.
(7) Voter's Certificate. An election officer shall hand the voter a numbered voting authority certificate.
(8) Direct Voter to Machines. The election officer shall direct the voter to the proper machine. The voter shall give his voting authority certificate to the election officer, who shall deposit it in the container provided. If the machine contains ballot labels for both parties in a primary, the officer shall set the primary lever to the proper party. The officer shall press the entrance button to the machine. The officer shall then allow the voter to enter the machine booth, close the curtain, and vote. The curtain may be manually closed.
(9) One Person Per Voting Machine. Only one person shall be allowed in a voting machine booth except when assistance is provided to a physically disabled or blind person or to a voter who cannot read or who cannot read English.
(10) Time Allowed. Voters shall be allowed five minutes to vote if others are in line and ten minutes if there are no voters waiting. If a line of voters forms, this rule should be equally enforced. If there is no line, election officers may be more lenient.
(11) Instruction and Assistance to Voters.
(12) If a Voter Requests Instruction or Assistance After Entering the Voting Machine Booth . If a voter requests instruction or assistance after entering the voting machine booth two election officers of different political parties may instruct or assist the voter in the voting booth.
(13) Voting Machine Problems. If a voter reports a problem with the machine, two election officers, one representing each party, shall check the machine and attempt to assist the voter in casting his vote. If he has inadvertently opened a write-in slot and the election officers can determine that no write-in vote has been cast, he may be allowed to use another machine. The event shall be recorded in the Clerk's Election Record.
(14) Voting Machine Failure.
(The custodian shall indicate how many.)
This certificate must be preserved with the election records, and the details of the event recorded in the clerk's Election Record.
As soon as the voting machines are returned to service, use of the absentee ballots shall be discontinued. The details of this event must be recorded in the clerk's Election Record.
(15) Write-ins. A voter may cast a write-in or sticker vote in the space provided, for a candidate whose name does not appear on the ballot labels for that office.
(16) Push Handle to Record Vote. The voter shall register his vote by:
(17) Number of Voters Allowed. When all the voting machines are filled, no more voters than twice the number of voting machines provided shall be permitted inside the guard rail.
(18) Candidates' and Their Workers' Rights and Restrictions .
(19) Challenges.
"You do solemnly swear (or affirm) that you are the identical person whom you represent yourself to be, that you are registered in this precinct, and that you have not voted in this primary (or election)."
The person who is challenged cannot use the voting machines. Instead the challenged voter shall be given an absentee ballot with the word "challenged" stamped or written on the face. The warden shall require the challenged person to write his name and present residence on the outside of the ballot. (If it is an absentee ballot, the warden shall insert this information.) The warden shall add the name and address of the challenger and the stated reason for the challenge, and the voter may cast the ballot in the ballot box. No statement shall be made or information given by any person as to how the person voted.
The clerk of the precinct shall record in the clerk's Election Record the name and residence of every person who is challenged and has voted. The election officers in charge of the voting list shall mark the letters "CV" next to the challenged voter's name on the voting list.
(20) Only the Following Personnel shall be Permitted Within Guard Rail.
(21) Information by Election Officers Prohibited. Before the public declaration of the vote, no election officer shall make any statement regarding the number of votes cast, the number of votes given to any person, the name of any person who has voted or whose name has not been checked, or of any other fact tending to show the state of the polls. But an officer shall, if requested, make a statement of the numbers on the ballot box register, on the last voting authority certificate, or on the public counter.
(22) Processing Absentee Ballots.
(23) Absentee Voters Who Seek to Vote in Person. If any person who has been sent an absentee ballot tries to vote in person at the election, election officers should see the letters AV or SAV opposite his name on the voting list. This person must present a certificate obtained from the city or town clerk authorizing him to vote in person. The city or town clerk shall by telephone authorize the presiding officer to issue such certificate if the clerk determines that a voter at the polling place is entitled to it, and the presiding officer shall then sign and issue the certificate. The presiding officer shall securely attach the certificate to the voting list and shall duly note that the voter in fact voted in person. If no certificate is authorized, election officers must refuse to let him vote and they shall refer him to the city or town clerk.
(24) "Specially Qualified Voters" and New Citizens Who Register Late. "Specially qualified voters" and legal residents of the commonwealth who become citizens and register to vote after the regular registration deadline under M.G.L. c. 51, §§ 50-51 shall present their certificates of supplementary registration to the warden at the polling place, and these certificates shall be attached to the voting list. If the specially qualified voters or new citizens are applying for absentee ballots, the certificate shall be attached to the voting list before it goes to the polling place, and the procedure on election day shall be the same as for a regular absentee voter.
(25) Announce the Polls Closed. An election officer shall announce that the polls are closed at the designated time. Each person in line when the polls close must be allowed to vote. If possible, all waiting voters shall be inside the polling place. The police officer shall be directed either to stand at the end of the line and move along toward the inspector until the last person eligible has voted, or to hand out certificates stating that the person was in line when the polls closed.
(26) Lock Machine Against Voting. Immediately after the polls close and all voters in line have voted, the machine shall be locked against voting.