950 CMR, § 57.07

Current through Register 1533, October 25, 2024

Section 57.07 - Automatic Voter Registration

(1)Automatic Voter Registration (AVR) Shall Apply Only to AVR Agencies.

(a) For purposes of AVR at the Health Insurance Connector Authority and the Office of Medicaid, an "AVR applicant" shall mean a person who is submitting a completed Massachusetts Application for Health and Dental Coverage and Help Paying Costs ("agency application") online, in person or via telephone to the AVR Agencies and shall not include an Authorized Representative.

(b) For purposes of AVR at the RMV, an "AVR Applicant" shall mean a person conducting a driver's license or identification card transaction online or in person at the AVR Agency.

(2) The Secretary shall have the following responsibilities relative to AVR:

(a) conduct appropriate training of the AVR Agencies staff annually;

(b) make available voter registration forms;

(c) specify all material, language, forms and electronic interfaces necessary for the collection and transmission of the information needed to carry out the automatic voter registration activities;

(d) eliminate, to the extent practicable, duplicative entries into the central voter registry; and

(e) have oversight responsibility to ensure proper compliance with applicable provisions of federal and state voter registration laws.

(3) The AVR Agencies shall enter into Memorandum of Understanding (MOU) with the Secretary which shall specify the data to be transmitted for each AVR applicant as well as the form and frequency of transmission. The minimum data to be provided shall include:

(a) legal name;

(b) date of birth;

(c) residence, including street number, street name and apartment or unit number, if any, city or town and zip code;

(d) mailing address, if available and if different from residence; and

(e) any other data mutually agreed upon by the Secretary and the AVR Agencies in the MOU.

(4) The AVR Health Agencies shall have the following responsibilities relative to AVR:

(a) work with the Secretary to implement the provisions of the AVR and meet the goals of automatic voter registration;

(b) attend annual trainings provided by the Secretary; and

(c) provide notice to each applicant:

1. explaining that unless the AVR applicant declines to have the AVR applicant's information transmitted to the Secretary on the agency application, submission of the AVR Agency application shall serve as an attestation to eligibility and an application to register to vote;

2. informing the AVR applicant of the eligibility requirements to register to vote; and

3. advising the AVR applicant that non-citizens are ineligible to register, and that the AVR applicant must decline to register unless the AVR applicant is a United States citizen and is otherwise eligible to register to vote.

(5) The AVR RMV Agency shall have the following responsibilities relative to AVR:

(a) work with the Secretary to implement the provisions of the AVR and meet the goals of automatic voter registration;

(b) attend annual trainings provided by the Secretary; and

(c) provide notice to each applicant:

1. explaining that if the applicant has submitted documentation of reliable citizenship to the Registry, the AVR Agency application shall serve as an attestation to eligibility and an application to register to vote;

2. informing the AVR applicant of the eligibility requirements to register to vote; and

3. advising the AVR applicant that non-citizens are ineligible to register and that unless the AVR Applicant has reliable citizenship documents on file, their information will not be used for voter registration.

(6)Transmission of Voter Registration Information.

(a) For those AVR applicants at AVR Health Agencies who do not opt out and who are confirmed to meet the eligibility requirements for voting, the information required for voter registration collected from their agency application will be sent to the registrars of voters in the applicant's city or town within five days after the applicant's eligibility has been verified.

(b) For those AVR applicants at the AVR RMV Agency, the registrar shall only transmit the required information for voter registration collected from their agency application if the applicant has provided the Registry with documentation of reliable citizenship information. If an applicant does not have documentation of reliable citizenship information filed with the Registry, the registrar shall not transmit any applicant data to the Secretary.

(7)Receipt of Automatic Voter Registration Affidavits by Registrars.

(a) The registrars of voters shall accept transactions from AVR agencies for eligible AVR applicants.

(b) Upon receipt of each completed transaction, the registrars shall add the registrant's name, address, mailing address, if any, date of birth and effective date of registration to the annual register of voters. The registrars shall send an acknowledgment notice to the registrant, which will be in English and Spanish.

(c) If the applicant is currently a registered voter within Massachusetts whose voter information is being updated through AVR, the voter will remain enrolled in the party they were registered in, if any. If the applicant is a newly registered voter, the registrars shall register them as unenrolled, and provide additional information regarding enrolling in a party on the acknowledgment notice.

(d) If, after examination of transaction information, 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 reached 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 designated by the Secretary. The designation will be removed when the person becomes eligible to vote in the next preliminary, primary, special, or general election or town meeting.

1. The registrars shall send a notice of receipt to each pre-registrant upon final disposition of the transaction from the automatic voter registration agency.

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

(e) If the affidavit of registration is incomplete, the registrars shall follow the provisions of 950 CMR 57.04(3).

(f) The registrars may correct information supplied by the applicant to the extent necessary to maintain the integrity of their records.

(g) Subject to the provisions of 950 CMR 57.06(4)(c), the registrant is deemed to be a registered voter at the time all required voter registration information is received by the AVR Agency.

A pre-registrant is deemed to be a registered voter as of the date he or she becomes eligible to vote.