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Massachusetts Regulations § 950 CMR 47.10 Early Voting by Mail

⤴ Up to Title 950 CMR 47.00: Early Voting Procedures

Regulation Text

(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.

History

Adopted by Mass Register Issue 1320 , eff. 8/26/2016 .

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