950 CMR, § 47.09 - Early Voting in Person

(1) Delivery. Upon entering an early voting location in his or her city or town, a voter shall state his or her name and address to the local election official. Upon verification of the registration of a voter at an early voting location for the city or town, the local election official shall provide the voter with the appropriate early voting ballot and accompanying papers and indicate on the early voting list that the voter has been provided an early voting ballot.

If an early voter is listed as inactive, the local election official shall require the early voter to complete an affirmation of current and continuous residence and show identification, as set forth in 950 CMR 53.03(5): Name Dropped or Listed Incorrectly and 54.04(6): Name Dropped or Listed Incorrectly.

(2) Method of Voting. Each early voting location shall have space available for early voters to mark their ballots privately. After marking his or her ballot, each early voter shall enclose it in the envelope provided, execute the affidavit contained thereon and seal the envelope.

(3) Instruction and Assistance to Early Voters.

(a) Instruct Voters. A local election official may answer questions and instruct the voter on the proper method of marking the ballot.

(b) Instruction is Different from Assistance. Instruction shall consist of informing the voter on the proper method of marking a ballot; assistance shall consist of marking the ballot at the request of the voter. Except as the law permits, a voter must mark his or her ballot in secret.

(c) Assistance to Voter. If a voter asks for assistance in marking his or her ballot or executing the affidavit on the envelope due to blindness, physical disability or inability to read or to read English, he or she may be assisted by a person of his or her own choice or by a local election official. Such designated person shall add his or her name in the appropriate space on the affidavit envelope. Local election officials shall notify early voters requesting assistance that an accessible marking unit is available.

(d) Do Not Influence Voter. Local election officials shall not in any manner request or seek to persuade or influence any voter to vote for or against any person or political party or ballot question.

(4) Spoiled Ballots. If an early voter makes a mistake in marking his or her ballot at an early voting location, the voter shall return the ballot to the local election official and request a new ballot. Voters shall be allowed up to a total of three ballots. Upon receipt of a spoiled ballot, the local election official shall mark it "spoiled" and shall enclose it in a spoiled ballot envelope.

(5) Return of Early Voting Ballot. Each early voter shall return the sealed affidavit envelope containing his or her early voting ballot to the local election official.

(a) Upon receipt of a sealed envelope containing a completed early voting ballot, the local election official shall examine the affidavit for completeness before accepting the ballot.

(b) If the local election official finds that such affidavit has been improperly executed, or is incomplete, the local election official shall notify the early voter that the ballot cannot be processed without completion of the affidavit and provide the early voter with the opportunity to complete the affidavit.

(c) If the affidavit is not executed, the local election official shall notify the early voter that the ballot cannot be processed.

(d) If the early voter declines to remedy any deficiencies in the affidavit when notified by the local election official, the local election official shall mark across the face thereof "Rejected as defective", and shall place on the early voting disposition list required by 950 CMR 47.08, as the case may be, opposite the name of the voter the capital letter R.

(e) If the affidavit appears to be complete, the local election official shall accept the early voting ballot. The local election official shall update the voting list used on election day to indicate voters whose early voting ballots have been received and accepted.

(6) Voters shall not remove an early voting ballot from the early voting location.

(7) Upon acceptance of an affidavit envelope containing an early voting ballot, the ballot shall be considered cast and such voter shall not be eligible to vote by mail, in person at an early voting location, or at the polls on Election Day.

Notes

950 CMR, § 47.09

Adopted by Mass Register Issue 1320, eff. 8/26/2016.