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Massachusetts Statutes § 54:76B Failure to present voter identification; right to challenge vote

⤴ Up to Chapter 54: Elections

Statute Text

(a) Except as provided in subsection (b), a person desiring to vote, who fails to present suitable written identification when so requested by an election officer, shall be permitted to vote, but that person's right to vote may be challenged under section 85.
(b)
(1) Subject to paragraph (3), a person asserting a right to vote in an election for federal office shall present identification under paragraph (2) if:
(a) the person registered to vote in the city or town by mail after January 1, 2003; and
(b) the person has not previously voted in an election for federal office in the commonwealth.
(2)
(A) A person meets the requirements of this paragraph if the person:
(a) in the case of a person who votes in person:
(i) presents to the appropriate election officer a current and valid photo identification; or
(ii) presents to the appropriate election officer a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or
(b) in the case of a person who votes by absentee ballot, submits with the ballot:
(i) a copy of a current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
(B)
(i) A person who desires to vote in person but does not satisfy clause (a) of subparagraph (A) may cast a provisional ballot under section 76C.
(ii) A person who desires to vote by absentee ballot but who does not meet the requirements of subclause (ii) of said clause (a) of said subparagraph (A) may return the absentee ballot by mail, and the ballot shall be treated as a provisional ballot under section 76C.
(3) Paragraph (1) shall not apply to a person:
(a) who registers to vote by mail and submits as part of that registration either:
(i) a copy of a current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter;
(b) who registers to vote by mail and submits with that registration either:
(i) a driver's license number;
(ii) at least the last 4 digits of the individual's social security number; and
(iii) with respect to whom the city or town clerk matches the information submitted under clause (i) with an existing state identification record bearing the same number, name and date of birth as provided in that registration; or
(c) who:
(i) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sections 1973ff-1 et seq.;
(ii) is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. section 1973ee-1(b)(2); or
(iii) is otherwise entitled by federal law to vote otherwise than in person.

History

Amended by Acts 2004 , c. 334 , § 4 , eff. 8/31/2004 .

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