Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 54.00 - Voting And Counting Procedures For Electronic Voting Systems
Section 54.06 - After the Polls Close: Optical Scanner Ballots
Current through Register 1537, December 20, 2024
(1) Votes Counted Continuously. The tabulation of the votes shall take place in the polling place. The tabulation shall continue without interruption until all the votes are counted and the results are announced.
(2) Public May Observe Counting. The general public must be allowed inside the polling place after the polls close. The public must observe from outside the guard rail. Only election officers may touch ballots. All ballots must be kept in full view of the public while the counting is going on.
(3) Take Count of Voters on Both Voting Lists. The election officer in charge of each of the two voting lists shall announce the total number. The clerk shall record the number.
(4) Clerk Shall Record Final Ballot Box Register Number in Election Record .
(5) Number of Voters Should Equal the Total of the Votes. The total number of voters checked in on the voting list should equal the sum of the number of votes recorded on the final ballot box register.
(6) Seal Checked Voting Lists in Envelope. After tallying the voting lists an election officer shall place the tallied voting lists in the envelope provided for that purpose. Election officers shall seal the envelope. The warden and clerk shall sign the certificate. This envelope shall be kept separate.
(7) Print Results and Record them on Tally Sheets.
(8) Examining Ballots. The election officers shall remove all ballots that have been deposited in the ballot box and shall examine each ballot for write-ins or stickers and for any invalidating mark. No ballot shall be counted which contains any mark clearly designed to let election officers know that a certain person voted in a certain way. If a voter writes his name or marks his ballot with the letters of his name, this ballot shall be counted as a blank and the election officer must subtract one vote from all candidates and questions marked on the ballot.
(9) Read and Record Write-Ins and Ballots Segregated by the Vote Tabulator.
(10) Total Votes. Election officers shall total the write-in votes and the votes listed on the results paper tape, making all subtractions necessary according to 950 CMR 54.06(8) and (9), on the total tally sheet.
(11) Candidates May Check Votes on the Results Paper Tape. Any person present shall be allowed to check the vote count on the results paper tape for one-half hour after the announcement of the vote for the office.
(12) Escrow ballot envelope. Two election officers shall number escrow ballots contained in the escrow ballot envelope, and write this number on the outside of the envelope. They shall not count the votes on any escrow ballots. They shall then seal the escrow ballot envelope.
(13) Warden and Clerk Sign Total Tally Sheet. After the total tally sheet is correct, the warden and clerk shall write the date, ward and precinct and city or town on the tally sheet. They shall attach the results paper tape to the total tally sheet.
(14) Clerk Shall Complete Election Record.
(15) Announce Final Returns. Officials shall wait until tally sheets balance before announcing any vote totals. The warden or the clerk shall announce the final returns.
(15A) Reporting Results to Central Reporting Service. The clerk may report by telephone the results of final precinct tallies for any presidential preference primary, state primary or general election to a central media reporting service in consideration for a contribution, in an amount approved by the state secretary, to the respective state-wide municipal clerks association to be used for continuing education programs for municipal clerks.
(16) Count Spoiled Ballots. The number of ballots spoiled by voters and returned during the day shall be noted in the clerk's Election Record.
(17) Count Unused Ballots. Election officers shall count all unused ballots. The clerk shall note in the Election Record the number and party of unused ballots.
(18) Spoiled and Unused Ballots. Election officers shall place the spoiled and unused ballots in the container provided under seal.
(19) Gather All Counted Ballots. Election officers shall put all cast ballots in envelopes. They shall place all envelopes in the containers provided for the cast ballots.
(20) Seal Container. The warden shall seal the container with the seal provided and shall attach the proper tag for cast ballots only. In addition, an election officer may affix a private seal.
(21) Sign Cast Ballot Container. The warden and clerk shall sign the container and shall enter the election and the date. They also shall fill out and sign a certificate stating that all ballots cast are contained therein.
(22) Total Tally Sheets. The warden and clerk shall place the total tally sheet along with the results paper tape and the write-in tally sheet, in an envelope, seal it and sign the outside of the envelope. This envelope shall be kept separate.
(23) Return All Election Materials. The election officers shall have all election materials returned to the city or town clerk, as follows:
The election officers shall not throw anything away.