Massachusetts Statutes § 54:25C Incarcerated voters

Statute Text

(a) For the purposes of this section, the following words shall have the following meanings:

"Applicable statewide election", a presidential or regular state primary or biennial state election or a primary or election held pursuant to section 140 to fill a vacancy for senator in congress.

"Facility", a correctional facility, house of correction, jail or department of youth services.

(b) The officer in charge of a facility shall develop and publish policies and procedures that govern the facilitation of voting and voter registration for eligible voters in the facility; provided, however, that the policies and procedures shall include, but not be limited to:

(i) the distribution of voter education and election information provided by the state secretary, including, but not limited to:

(A) the display of posters in prominent locations visible to individuals who are incarcerated at the facility; and

(B) the dissemination of written notices about voting rights and procedures to all individuals who are incarcerated at the facility and who may be eligible to vote;

(ii) for any preliminary, primary or election, assisting an individual who is incarcerated at the facility and who may be eligible to vote in registering as a voter and in applying for an early voting by mail or absent voting ballot, including as a specially qualified voter; provided, however, that such assistance shall include, but not be limited to:

(A) distributing forms prepared by the state secretary for those purposes, including ballot applications or voter registration forms;

(B) providing an individual with access to a writing implement sufficient to properly complete the registration and application forms;

(C) providing records that may serve as proof of residence for the purpose of voter registration or that provide a voter with their last known address, such as intake forms, arrest records or other forms in the possession of the facility;

(D) providing voter information packets generated by the state secretary and, where possible, by nonpartisan community groups, nonpartisan volunteers or other nonpartisan stakeholders; and

(E) facilitating the timely return of an application for an eligible voter to be permitted to vote early by mail;

(iii) facilitating the expeditious and timely receipt and return of an early voting by mail or absent voting ballot by an eligible individual who is incarcerated at the facility, including, but not limited to, by:

(A) providing access to a writing implement sufficient to properly complete the ballots;

(B) establishing locations where voters may complete ballots and other paperwork in private, where feasible; and

(C) facilitating the mailing of completed mail ballots as soon as practicable; provided, however, that an employee, contractor, agent, official or representative of the department of correction shall not open or inspect any completed mail ballot unless it is to investigate reasonable suspicion of a prohibited activity;

(iv) providing means of tracking:

(A) complaints by an individual who is incarcerated at the facility related to voting or registration;

(B) numbers of individuals who are incarcerated who sought to vote; and

(v) policies for collaboration with local election officials, civic engagement community groups and other stakeholders.

(i) not later than 45 days before an applicable statewide election, display or distribute any informational posters or packets provided by the state secretary pursuant to subsection (d) or, if received after such date, immediately upon receipt; provided, however, that the distribution and announcements of such information shall be continued through the conclusion of such election;

(ii) not later than 14 days before an applicable statewide election, file a written report with the state secretary, in a form prescribed by the state secretary, that details the actions taken under this section; provided, however, that the report shall be a public record; and

(iii) appoint a subordinate officer at the facility to supervise the actions required by this section.

(d) Not later than 90 days before an applicable statewide election, the state secretary shall:

(i) create and distribute to sheriffs and superintendents of facilities voter information signs and information for display and distribution in facilities; and

(ii) distribute to local election officials information on:

(A) the qualifications and rights of eligible incarcerated voters;

(B) how to process a voter registration or ballot application from an eligible incarcerated voter;

(D) the presumed residence for voting purposes of an eligible incarcerated voter and instances in which an eligible incarcerated voter can maintain the facility in which they are confined as their address for voting purposes.

(e)

(1) Prior to the expiration of the term for a person who is incarcerated in a correctional facility, the officer in charge of the facility shall provide, in writing, a document prepared by the state secretary explaining:

(i) the voting rights of a person who is incarcerated in a correctional facility upon discharge from a correctional facility; and

(ii) instructions for the person to register to vote following discharge from the facility. The officer in charge of the facility shall provide the person with a voter registration form with a postage guaranteed envelope, and assistance, if requested, to complete such form.

(2) The state secretary shall prepare and transmit the document required pursuant to paragraph (1) to the local election officials for each city and town.

(f)

(1) For each applicable statewide election, following the close of registration pursuant to section 26 of chapter 51 but not later than the day of the election, the officer in charge of a facility, except for the department of youth services, shall transmit to the state secretary:

(i) a list containing information about persons who are newly incarcerated in the correctional facility due to a felony conviction since the time of last reporting under this section;

(ii) a list containing information about persons who were incarcerated in the correctional facility due to a felony conviction but were discharged since the time of last reporting under this section; and

(iii) a list containing information about persons in the facility who are detained pre-trial or convicted of a misdemeanor.

(2) The lists required by paragraph (1) shall include, for each person listed:

(i) name;

(ii) date of birth;

(iii) last 4 digits of social security number or driver's license number, if available;

(iv) address on-file, including street, city or town and state; and

(v) the name and address of the facility where the person is detained.

(g) The state secretary shall submit a report to the joint committee on election laws not later than 6 months following each applicable statewide election, including anonymized, aggregated data on the number of:

(i) eligible incarcerated voters at the time of the election in each municipality; and

(ii) incarcerated voters who requested an early voting by mail or absent voting ballot and the outcome of that request in each municipality, including the reasons for rejection, if applicable. The state secretary may coordinate with local election officials and officers in charge of facilities to aggregate such data, where available. The submitted report shall be a public record, but other materials generated for the purpose of the state secretary's compilation of the report shall not be public records.

(h) Not later than 30 days before any municipal, state or presidential election, each city or town clerk shall post on the city or town's website and report to the state secretary any measures undertaken to facilitate voting for eligible incarcerated voters.

History

Added by Acts 2022 , c. 92 , § 10 , eff. 1/1/2023 .

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