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Massachusetts Regulations § 950 CMR 53.02 Before the Polls Open

Up to Title 950 CMR 53.00: Voting And Counting Procedures For Voting Machines

Regulation Text

(1) Election Officers Report to Polling Place . All election officers must report to work at the polling place at a time to be determined by the city or town clerk, so as to be able to complete all preliminary work and to allow the polls to open on time. They must be sworn in before beginning to work. They shall open the polling place on time.
(2) Replacement of Election Officers . If an election officer assigned to a polling place fails to appear or leaves, the city or town clerk shall be notified. Replacements shall be sent, or the corresponding deputy election officer shall be designated as the replacement.
(3) Arrange The Polling Place . The voting machines, the receptacle or receptacles for the voting authority certificates and the ballot box must be in full view at all times. A guard rail shall be established to prevent unauthorized people from interfering with people who are voting.
(4) Signs To Be Posted . The following items shall be posted in a conspicuous place inside the polls but outside the guard rail:
(a) Three specimen ballots (for each party in primaries).
(b) three "Instruction To Voters" cards
(c) three "Penalties Upon Voter" cards
(5) Set Up Check-In Table . The voting list and the voting authority certificates shall be placed on the check-in table at the entrance. There shall be enough certificates for all registered voters in the precinct. At the biennial state election, copies of the official information for voters pamphlet, at least one for every hundred registered voters in the precinct, shall be available to voters at the check-in area.
(6) Election Officers . The warden shall appoint two election officers of different parties to be stationed at the entrance to the voting area. Two other election officers of different parties may receive the voting authority certificates and deposit them in the receptacle when escorting the voter to a machine.
(7) Keys To The Machines . The city or town clerk shall deliver to the warden the keys to each voting machine in the precinct in separate sealed envelopes at least half an hour before the polls open on the day of the election. The number and location of the precinct, the number of the voting machine, the number of the seal which seals it, and the number that is registered on the protective counter shall be on this envelope.
(8) Check the Envelope with the Machine . At least one election officer from each political party must examine the envelope, check the number on the seal of the machine at this time if it is an outside seal, and after opening the machine if it is an inside seal, and compare it with the number on the envelope. The number on the protective counter must also be compared with that number entered on the envelope.
(9) If the Numbers Don't Agree, Notify the Town or City Clerk . If the numbers on the envelope do not correspond with those on the machine then the city or town clerk must be notified.
(10) Open the Front of the Machines to Set Up Voting Booth.
(11) Check That The Machines Have The Proper Voting Machine Strips . Election officers shall check the ballot strips on the machines against a specimen ballot to see that they are correct. If they do not correspond, the warden shall call the city or town clerk. The machine shall not be used until the correct ballot strips are inserted.
(12) Examine the Write-In Roll . An election officer shall open the slot or door and shall examine the write-in roll to ensure that it has been marked either with a red strip or a signature, and dated. If not, the election officer shall so mark it.
(13) Check Counters .
(a) AVM Printomatic Machines .
1. Check Vote Counters . The crank shall be turned to print the numbers recorded on the vote counters. All the vote counters should read zero.
2. Pull Out the Proof Sheet . An election officer shall pull out the proof sheet. When the proof sheet is pulled out, at least two election officers of different political parties shall examine the sheet to see that all vote counters and the inside public counter read zero and that the proper machine number is on the sheet. Candidates or their representatives authorized in writing shall be allowed to check the numbers within one half hour before the polls open.
3. Keep the Proof Sheets . The warden and clerk shall examine, sign and date the proof sheets.
(b) AVM Non-Printomatic Machines .
1. Open the Rear of the Machines to Expose the Vote Counters .
2. Check Counters . At least two election officers of different political parties shall check the counters to be used in the election to see that they all read zero. Candidates or their representatives authorized in writing shall be allowed to check the counters within one half hour before the polls open.
3. An Election Officer Shall Close and Lock the Rear of the Machine .
(c) Shoup Voting Machines .
1. Check Counters . The machines shall have their candidate and question counters exposed when they are delivered to the polls. At least two election officers of different political parties shall check to make certain the counters are all on zero. The counters are located at the front of the machine under the candidate's name or question. Candidates or their representatives authorized inwriting shall be allowed to check the counters within one half hour before the polls open.
2. Close the Candidate and Question Counters . After all the candidate and question counters are checked, election officers shall close and lock the voting machine.
(d) Direct Electronic Voting Machines.
1. An election officer shall cut the seal and remove it from the machine.
2. An election officer shall open the write-in slot exposing the paper tape. The election officer shall cause the vote tabulator to print a listing of all candidates and questions in the order they appear on the ballot. At least two election officers of different political parties shall examine the tape to see that there are no votes already on the vote tabulator for each candidate and question.
3. An election officer shall pull the tape out of the machine. Two election officers who observed the printing of the tape must sign their initials at the bottom of the tape and record the date. Candidates or their representatives authorized in writing shall be allowed to view the printing of the tape within one half hour before the polls open.
4. The tape shall be posted in a conspicuous place inside the polling place.
(14) If the Counters Are Not on Zero, Record Information . If the public counter or any of the vote counters is not on zero, then the number and letter of the counter together with the number registered on the counter shall be recorded in the clerk's Election Record and signed by the election officers. If any counter cannot be reset to zero on a direct electronic voting machine, the warden shall call a voting machine custodian to service the machine.
(15) Ballot Box Empty . The warden shall publicly open the ballot box and examine it. It shall be shown to be empty and the register set at zero to the satisfaction of all election officers and other persons present. The warden shall close and lock the ballot box.
(16) Election Record . The clerk shall record in the election record:
(a) the examination and condition of the ballot box,
(b) the register number on the ballot box before any ballots are cast, and
(c) the actual count of the absentee ballots received.
(17) Ballot Box Key . The warden shall lock the box and shall give the ballot box key to the police officer. The officer shall keep the key until the polls close.
(18) Ballot Box Locked . The ballot box must remain locked or sealed throughout the day.
(19) Open on Time . The warden shall open the polls on time if necessary materials are available, even if some things usually done beforehand must be done after the polls open.

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