950 CMR, § 57.04

Current through Register 1531, September 27, 2024

Section 57.04 - Voter Registration by Mail

The provisions of 970 CMR 57.04 shall apply to Massachusetts Mail-in affidavits, the National Voter Registration Form prepared by the Election Assistance Commission and Mail-in agency forms.

(1)Availability of Mail-in Forms.

(a) The Secretary shall prepare blank mail-in affidavits of voter registration and shall supply such mail-in affidavits to all city and town clerks as the Secretary deems necessary. Mail-in affidavits of voter registration shall be available in English and Spanish and such other languages as the Secretary deems necessary.

(b) The Secretary shall, upon request, provide mail-in affidavits of voter registration in quantities he deems sufficient, to nongovernmental and private entities free of charge.

(c) Only mail-in affidavits of voter registration prepared by or with the approval of the Secretary pursuant to 950 CMR 57.04(1)(d) shall be used for any voter registration.

(d) The Secretary shall publish on the internet, in a manner accessible to the public, an affidavit of voter registration in a printable electronic document format. This document shall be a valid affidavit of voter registration under M.G.L. c. 51. The Secretary shall post the electronic document in every language provided for in M.G.L. c. 51, § 36. The electronic affidavit of voter registration shall give applicants the option to enter data directly into the form prior to printing out the affidavit or to print a blank form and manually enter information. The applicant shall personally sign and mail, or deliver personally, or deliver by an authorized person the completed affidavit of voter registration form to the appropriate city elections department or town clerk's office.

(e) National Voter Registration Forms as prescribed by the Election Assistance Commission shall be accepted for purposes of registering to vote in Massachusetts. A National Voter Registration Form shall be accepted on regular paper, provided, however, that the form itself is identical to that as prescribed by the Election Assistance Commission. No National Voter Registration form shall be accepted if it contains any additional verbiage or graphics other than those contained on the official form such as commercial logos, organizational or contact information.

(2)Responsibilities of Applicant.

(a) The applicant shall complete all information on the mail-in affidavit of voter registration, and sign the affidavit. If the applicant is prevented by physical disability from completing or signing the mail-in affidavit, the applicant may authorize another person to complete and sign the affidavit on their behalf. The assisting person shall then sign the mail-in affidavit in the designated area.

(b) The applicant may return the mail-in affidavit of voter registration to the registrars of the city or town where they reside:

1. by mail;

2. by personal delivery; or

3. by delivery to a third person who delivers the affidavit of voter registration to the registrars on behalf of the applicant.

(3)Responsibilities of Registrars.

(a) The registrars of voters must accept mail-in affidavits of voter registration from registration agencies, from individuals, and from organizations conducting voter registration. (b) Upon receipt of a completed mail-in affidavit of voter registration, the registrars shall add the person's name, residential address, mailing address, if any, date of birth, party selection, if any, and effective date of registration to the annual register of voters, except as provided in 950 CMR 57.04(3)(c).

(b) Upon receipt of a completed mail-in affidavit of voter registration, the registrars shall add the person's name, residential address, mailing address, if any, date of birth, party selection, if any, and effective date of registration to the annual register of voters, except as provided in 950 CMR 57.04(3)(c).

(c) If, after examination of an affidavit of registration, it appears to the registrars that the person has all the qualifications to be registered as a voter except that of age and the person has obtained 16 years of age, then they shall enter the person's name in the current annual register of voters with the designation "pre-registrant" or other term or code as specified by the Secretary. The designation shall be removed when the person becomes eligible to vote in next preliminary, primary, special or general election or town meeting.

(d) If the mail-in affidavit of voter registration is incomplete, the registrars shall notify the registrant and provide an opportunity to remedy the defect. This notification must be oral or written, and the registrant may supply such information, in writing, or in person.

(e) If the mail-in affidavit of voter registration is not signed by the registrant or by a person assisting a registrant, the registrars shall return the mail-in affidavit of voter registration to the registrant with a written request that it be so signed and returned to the registrars.

(f) If the Massachusetts mail-in affidavit of voter registration or National Voter Registration form is on an unauthorized form, the registrars shall notify the applicant that the form is unacceptable, and send the applicant an original mail-in affidavit.

(g) If, within ten days after notification by the registrars, the registrant fails to supply the missing information, other than political party or designation, or fails to return a completed original mail-in form, the mail-in affidavit of voter registration shall be rejected, and the registrant shall be notified in writing of the rejection.

(h) If the mail-in affidavit of voter registration for a pre-registrant is incomplete or not signed by the pre-registrant, the registrars shall reject the form and notify the pre-registrant in writing.

(i) If the applicant fails to supply a political party or designation, the applicant shall be registered as "unenrolled".

(j) The registrars shall send an acknowledgment notice to each registrant upon final disposition of a mail-in affidavit of voter registration.

(k) The registrars shall send a notice of receipt to each pre-registrant upon final disposition of the mail-in affidavit of voter registration.

The registrars shall send an acknowledgment notice to each pre-registrant upon the pre-registrant becoming eligible to vote.

(l) If the acknowledgment notice, other than a notice rejecting the affidavit of voter registration, is returned as undeliverable, the registrars shall designate the voter as inactive, send the registrant a confirmation notice, and remove the registrant from the voting list if they fail to respond to the confirmation notice and do not either:

1. vote in at least one of the next two biennial state elections following the mailing of such confirmation notice; or

2. take any other action that restores the voter to "active" status including, but not limited to, signing a nomination paper or petition at the same address, or voting or attempting to vote at a municipal election, or town meeting.

(m) If the printed name on the mail-in affidavit of voter registration is not identical to the signed name, the voter shall be registered in accordance with the printed name.

(4)Effective Date for Mail-in Registration.

(a) A registrant is deemed to be a registered voter as of the date the completed mail-in affidavit of voter registration is postmarked or on the day that it is hand delivered to the registrars.

A pre-registrant is deemed to be a registered voter as of the date they become eligible to vote.

(b) Mail-in affidavits of voter registration postmarked before midnight on the last day to register for an election shall be effective for such election.

(c) If a postmark is unclear or illegible, a mail-in affidavit of voter registration received by the registrars no later than five days after the final day to register shall be effective for that election.

(d) If a mail-in affidavit of voter registration is postmarked after the deadline to register for an election, the registrant's name shall be added to the annual register for all subsequent elections and the registrars shall so notify the registrant in the acknowledgment notice.

(e) If a mail-in affidavit of voter registration is missing any information, other than a signature, when received by the registrars, or is on an otherwise unauthorized form, the registrant is deemed to be a registered voter as of the time the mail-in affidavit of voter registration is postmarked or hand delivered to the registrars, provided the registrant supplies the missing information, other than political party or designation, or returns an original mail-in affidavit, within ten days after notification pursuant to 950 CMR 57.04(3)(f).

(f) If a mail-in affidavit of voter registration is missing a signature, and that signature is supplied by the registrant within ten days after notification by the registrars pursuant to 950 CMR 57.04(3)(f), the registrant is deemed to be a registered voter as of the date the new mail-in affidavit is postmarked or hand delivered to the registrars.