950 CMR, § 52.03 - During the Voting Hours

(1) Declare Polls Open. The warden shall declare that the polls are open.

(2) Who May Vote. Anyone whose name appears on the voting list shall be eligible to vote. The election officer shall check the supplementary voting list.

(3) Voter States Name and Address. The voter must announce his address and name to the election officer in charge of the check-in voting list.

(4) Look for the Name on the Voting List. The election officer shall find the name on the list and shall repeat it loudly and clearly. If it is a primary, the election officer shall announce the party as well.

(5) Name Dropped or Listed Incorrectly.

(a) Procedure. If the name, address, or party enrollment of a person claiming the right to vote does not appear on the voting list or is listed incorrectly, the presiding officer must communicate with the office of the registrars of voters to ascertain whether the person is entitled to vote. If the presiding officer or the registrars determine that the person is entitled to vote, the presiding officer shall complete the proper certificate, attach it to the voting list, and allow the voter to vote. If the presiding officer or the registrars are unable to make this determination, the presiding officer shall direct the person to the registrars' office. If the registrars then determine that the person is entitled to vote, the person may vote there immediately by absentee ballot, or may return with the certificate to vote at the polling place. The registrars or their agents shall orally inform each such person at their office of the opportunity to vote there. If a voter at a primary proves under 950 CMR 52.03 that his or her party enrollment is listed incorrectly, the voter shall be allowed to vote in the correct party's primary. Whenever a person is allowed to vote under 950 CMR 52.03(5) and M.G.L. c. 51, § 59, the registrars shall add the current name, address and previously established party enrollment of that person to the register of voters, without requiring further action by the person.

If the name, address, or party enrollment of a person claiming the right to vote appears on the voting list as an inactive voter, the presiding officer shall allow such inactive voter to vote upon written affirmation by the inactive voter of his current and continuous residence in the municipality, (or, at a state primary or state election, residence in the municipality within the previous six months,) signed under the penalties of perjury. Such written affirmation shall be attached to and be considered part of the voting list, returned and preserved therewith, and such inactive voter shall be restored to the active voting list at his current residence, without requiring further action by the person.

(b) Standard. The registrars must determine persons to be entitled to vote under 950 CMR 52.03 and M.G.L. c. 51, § 59 whenever such persons have registered to vote in that city or town in the past and affirm in writing, signed under the penalties of perjury, that they have continuously resided in the city or town (or, at a state primary or election, resided in the community within the past six months), unless the registrars affirmatively establish, by evidence other than failure to respond to the street listing under M.G.L. c. 51, § 4, or failure to respond to a notice under M.G.L. c. 51, § 37, that the person has not in fact continuously resided in that city or town, (or, at a state primary or election, resided in the city or town within the past six months). The written affirmation shall be on a form which must be available at the polling place stating: "I am currently a legal resident of (city or town), and have continuously been a legal resident here since (last date of ascertained registration). Signed under the penalties of perjury." For the purpose of ascertaining past registration, the registrars must check all available records for at least the previous three years.

If the inactive voter has moved within the city or town, the voter will write the address at which he or she last registered to vote, as well as his or her current address. The inactive voter will vote at the polling place which corresponds to his or her address as it appears on the inactive voting list. After the election, if the voter has moved within the city or town, the voter shall be restored to the active voting list at his or her current address, without requiring further action by the person.

All inactive voters shall be asked to show suitable identification showing their name and current address. Inactive voters who fail to show suitable identification must be allowed to vote. However, an election officer shall, and any other person may, challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 52.03(23). For the purpose of 950 CMR 52.03(5)(b) suitable identification shall be defined in 950 CMR 52.03(5B).

(c) Communications. To carry out the communications required by 950 CMR 52.03 and M.G.L. c. 51, § 59, a properly functioning telephone or other equivalent communications, and a sufficient supply of blank certificate forms, must be immediately available to the presiding officer at every polling place. At the registrars' office, at least one properly functioning telephone line for every 10,000 registered voters or fraction thereof in the city or town (including lines entering a main city or town switchboard and connecting to the required number of lines in the registrars' office), or other equivalent communications, and sufficient personnel available to staff them continuously, must be available for incoming calls throughout the time when polls are open.

(5A) Escrow ballots. A person claiming the right to vote in a precinct, but who is not allowed to vote for any reason, must be allowed to mark an escrow ballot. Such persons include, but are not limited to, persons who are determined not to be entitled to vote under the certificate procedure of M.G.L. c. 51, § 59 and 950 CMR 52.03(5), voters whose names are already checked on the voting list as having voted, and voters who claim their recorded party enrollment is incorrect, thereby preventing their voting in a party primary. An election officer shall orally inform every such person of his right to mark an escrow ballot, of the procedure for doing so, and of the fact that the escrow ballot will not be counted unless the outcome is sufficiently close and the person is later determined to be entitled to vote; in the case of such persons determined at the polling place not to be entitled to vote under the certificate procedure, the election officer shall also inform such persons of their option to go to the registrars' office and to vote there under the certificate procedure if determined to be entitled to vote, otherwise to mark an escrow ballot there. In all cases, escrow ballots shall be marked according to the following procedure. An election officer shall write the word "escrow" on the back of a ballot, and the person shall add his or her name and address. The election officer shall administer to the person the challenged voter's oath in 950 CMR 52.03(23)(c). The person shall mark the ballot as usual, but it shall not be cast in the ballot box. An election officer shall instead place it in an envelope marked "escrow ballots," and shall note the event in the clerk's election record.

(5B) Identification. If so authorized by the city or town clerk or registrars of voters, an election officer may request any voter to present written identification. Such requests shall not discriminate in any way, but shall be entirely random, consistent, or based on reasonable suspicion. For the purpose of 950 CMR 52.03(5B), of M.G.L. c. 54, § 76B, and of 950 CMR 52.03(5)(b), suitable written identification includes a driver's license, recent utility bill, rent receipt on a landlord's printed letterhead, lease, duplicate copy of a voter registration affidavit, or any other printed identification which contains the voter's name and address. If voters fail to present suitable written identification when so requested, they must still be allowed to vote, but an election officer or any other person may challenge their right to vote under M.G.L. c. 54, § 85 and 950 CMR 52.03(23).

(6) Mark the Voting List. The election officer shall check the voter's name by marking it on the voting list. In a primary, the voter shall vote the ballot of the party in which he is enrolled. The officer shall ask unenrolled voters which party's ballot they choose. The officer shall mark a D (Democratic) or an R (Republican) next to the names of unenrolled voters when they choose a party ballot. At a presidential primary, election officers shall explain to voters who inquire that they may change their enrollment after voting by filling out a card available at the polls, which must be transmitted to the city or town clerk.

(7) An Election Officer Shall Hand the Voter a Ballot.

(8) Instruction and Assistance to Voters.

(a) Instruct Voters. An election official may answer questions and instruct the voter on the proper method of marking and folding the ballot outside the voting booth using specimen ballots.

(b) Instruction is Different from Assistance. Instruction shall consist of informing the voter of the proper methods of marking a ballot; assistance shall consist of actually voting for 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 casting his ballot due to blindness, physical disability or inability to read or to read English, he may be assisted by a person of his own choice or if he desires instead by two election officers of different parties.

(d) Do Not Influence Voter. Election officers 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.

(9) Vote Designated by Cross. A vote should be designated by a cross ("X") in the appropriate space or circle, although any other mark evidencing the voter's intention is permissible.

(10) Write-Ins. A voter may cast a write-in or sticker vote for a candidate whose name does not appear on the ballot for that office. The voter is not required to mark an "X" beside the name.

(11) Spoiled Ballots . If the voter spoils a ballot, the voter may return it and ask for another ballot. Voters shall be allowed up to a total of three ballots.

(12) Spoiled Ballot Envelope. The voter shall return each spoiled ballot to the ballot officer who shall mark it "spoiled" and place it in the spoiled ballot envelope. A spoiled ballot shall not be placed in the ballot box.

(13) Voter Folds Ballot. The voter shall fold the ballot so that only the face of the ballot bearing the official endorsement signature can be seen.

(14) Voter Goes to Check-Out Table. Election officers in charge of maintaining the check-out voting list shall ask for the voter's name and address.

(15) Look for Name on List. The election officer shall find the name on the list and shall repeat it loudly and clearly. If it is a primary, the election officer shall announce the party as well.

(16) Mark Name on Voting List. The election officer shall check the voter's name by marking it on the voting list. In a primary, the officer shall mark a D or an R next to the name of unenrolled voters, corresponding to the party ballot chosen by the voter.

(17) Placing Ballots in Ballot Box. The election officers shall ensure that the voter places the ballot face up into the opening of the ballot box. The ballot box clerk shall wind the ballot into the ballot box.

(18) No One May Take a Ballot from the Voting Place.

(19) One Person per Voting Booth. Only one person shall be allowed in a voting booth except in cases of assistance provided to a physically disabled or blind person or a person who cannot read or who cannot read English.

(20) Time Allowed. Voters shall be allowed five minutes to vote if others are in line and ten minutes if there are no voters waiting. If a line of voters forms, this rule should be enforced equally. If there is no line, election officers may be more lenient.

(21) Number of Voters Allowed. If all the voting booths are filled, no more than four waiting voters shall be permitted inside the guard rail.

(22) Candidates' and their Workers' Rights and Restrictions.

(a) Observers. To achieve the legal requirement that the election be held in public view, observers shall be allowed inside the polling place, outside the guard rail, unless they are disorderly or obstruct the access of voters. They may keep notes including marked voting lists. If there are so many observers in the polling place that they obstruct voters, they may be asked to cooperate in collecting information. The warden may exclude from the polling place any person who is disorderly or who obstructs the access of voters.

(b) Voting booths clear of campaign literature. Election officers shall check the voting booths regularly to see that no one has left any literature. The polling place must be kept clear of any campaign material.

(c) Campaign material. No campaign material intended to influence the vote of a voter in the ongoing election, including campaign literature, buttons, signs, and ballot stickers, may be posted, exhibited, circulated, or distributed in the polling place, in the building where it is located, on the building walls, on the premise where the building stands, or within 150 feet of an entrance door to a building. As used in 950 CMR 52.03(22)(c) and M.G.L. c. 54, § 65, the "premises" where or on which the building stands means only the grounds in the immediate vicinity of the building, and does not include the entirety of a large parcel of real property. No person shall collect or solicit signatures on nomination papers or petitions of any kind within 150 feet of an entrance door to the building. The police officer shall enforce this rule as directed by the warden. Access to the polling place must be open and unobstructed and the voters may not be hindered.

(d) Activities at Polling Place. Within 150 feet of a polling place as defined in 950 CMR 52.03(22)(c), no person shall solicit votes for or against, or otherwise promote or oppose, any person or political party or position on a ballot question, to be voted on at the current election.

(23) Challenges.

(a) Challenges of the Right to Vote. Any election officer or other person may challenge a person's right to vote for any legal cause. The challenger may challenge an absentee ballot as well for reasons allowed by law. The challenger must state, based upon information particular to that voter, the reason for challenging the right of a person to vote, for example: this person is not old enough to vote; this person is not a citizen; this person should have been removed from the voting list; this person has already voted; this person is not the person he claims to be.

When asked by an election officer, the challenger shall be required to briefly set forth factual information specific and personal to the challenged voter as to the reasons that voter is not qualified to vote in the election at that precinct. If the election officer determines that the challenger has not provided sufficient factual information specific and personal to that voter demonstrating that the voter is not qualified to vote at that precinct, then the election officer shall reject the challenge on the grounds that the challenge was not based upon a legal cause.

(b) Observers Who May Act as Challengers. An observer-challenger shall remain at a fixed location in the polling place designated by the election officer near enough to the check-in table but behind the guard rail so as to hear and see a voter checking in to cast a ballot. If the polling place is not large enough to accommodate all observer-challengers, to the extent possible, priority shall be given to individuals representing candidates and questions appearing on that election's ballot and to those who provided written notice to the local election official prior to the election. An observer-challenger may observe and keep notes but shall not converse with others or talk on a mobile phone. All challenges shall be directed to the election officer and observer-challengers shall not speak directly to the voter. A challenger must be prepared to exercise his or her challenge at the time the voter's name is announced at the check-in table in a manner so as not to cause delay and interference in the voting process.

(c) Illegal Challenges. A challenger should be aware that any person unlawfully using the challenge procedure for improper purposes, including but not limited to, the intimidation of a voter or to ascertain how he or she voted, may be fined up to $100 and or be subject to other available legal penalties and/or remedies.

(d) Challenge Procedure. If a voter is challenged, the warden shall ask the challenger to briefly set forth factual information specific and personal to the challenged voter as to the reasons that voter is not qualified to vote in the election in that precinct. If the election officer determines that the challenge is valid the warden shall administer the following oath to the challenged person:

"You do solemnly swear (or affirm) that you are the identical person whom you represent yourself to be, that you are registered in this precinct, and that you have not voted in this primary (or election)."

The warden shall require the challenged person to write his name and present residence on the outside of the ballot. (If it is an absentee ballot, the warden shall insert this information.) The warden shall add the name and address of the challenger and the stated reason for the challenge, and the voter may cast the ballot in the ballot box. No statement shall be made or information given by any person as to how the person voted. The clerk of the precinct shall record in the clerk's election record the name and residence of every person who is challenged and has voted. The election officers in charge of the voting list shall mark the letters "CV" next to the challenged voter's name on the voting list.

If the election officer determines that the challenger has not provided factual information specific and personal to that voter demonstrating that the voter is not qualified to vote at that precinct, the election officer shall reject the challenge on the grounds that the challenge was not based upon a legal cause. The election officer shall note in the clerk's election record the name of the challenged voter, the name of the challenger, the factual basis for the challenge and the reason why the challenge was rejected.

(24) Only the Following Personnel Are Permitted Within Guard Rail :

(a) Election officials

(b) Voters in the process of voting

(c) Police officers with the permission of the warden

(d) Representatives of the Clerk's Office

(e) Children may accompany a voter within the guardrail, unless the warden decides that it would disrupt good order.

(25) Information by Election Officers Prohibited. Before the public declaration of the vote, no election officer shall make any statement regarding the number of ballots cast, the number of votes given to any person, the name of any person who has voted or whose name has not been checked, or of any other fact tending to show the state of the polls. But, if requested, the officer shall make a statement of the figures on the ballot box register. That statement shall not be considered an official declaration as to the state of the polls or of the number of ballots cast.

(26) Opening of the Ballot Box. The ballot box shall not be opened nor any ballot removed until the polls are closed; but in order to make room for more ballots, the warden may, in the presence of all the election officers, open the box and press down on the ballots in it. If the ballot box is too full to operate, the warden may, in the presence of a police officer, remove the ballots from the ballot box in convenient packages and place them in the fiberboard or other container which shall then be securely locked and kept in public view. No ballots may be counted until the polls close. If the ballot box becomes impossible to use, the warden shall establish a substitute box, which shall be kept in public view under the same security as the original ballot box; the clerk shall record a statement of the event and of the reason in the election record, and shall also include this statement in the envelope with the ballots cast.

(27) Processing Absentee Ballots.

(a) Deliver Absentee Ballots. The absentee ballots shall be delivered during the day, not later than one hour after the polls close.

(b) Warden Shall Process Absentees. The warden may process absentee ballots whenever there is free time, from the time the polls open in the morning and throughout the day.

(c) Absentee Ballots to be Processed. The city or town clerk and not the election officers shall determine whether to reject an absentee ballot as defective. If the ballot is transmitted to the polls, election officers shall process it through unless the person's name has been marked on the voting list as having voted in person, or the name is not on the voting list. Election officers shall verify that the name of the person who signed the absentee ballot envelope is on the voting list. Election officers must inform the city or town clerk if the name does not appear on the voting list.

(d) Mark the Voting List. The letters AV or SAV shall have already been written in front of the absent voter's name. A mark shall be made beside the name of the voter to indicate that the vote has been cast. An election officer shall announce the name and address, and party in a primary, of each absentee voter.

(e) Open Ballot Envelope. Election officers shall open the ballot envelope carefully so as not to deface, mark or tear the ballot or the ballot envelope. Election officers shall place the ballot envelopes in the proper container.

(f) One Ballot Per Envelope. The ballot envelope must not contain more than one ballot. If more than one ballot is in the envelope, neither ballot shall be counted and those ballots shall be placed in the ballot envelope which shall be marked "Rejected as Defective" and placed in the proper container.

(g) Challenging of Absentee Ballots. In the polling place, if an absentee ballot is challenged when cast, the name and address of the absent voter shall be written on the ballot by the warden. The challenger's name and address shall be recorded and the event shall be noted in the clerk's Election Record, and the letters CV shall be placed on the voting list next to the name of the challenged voter. After this, the ballot shall be deposited in the ballot box.

(h) Remove Ballot and Place in Ballot Box. The warden shall remove each ballot from its envelope without unfolding or examining it. The warden shall present the ballot to the ballot box officer who shall wind it into the ballot box face-up with the name of the community, ward and precinct showing. The envelope shall be kept separate.

(i) Absentee Ballot Envelopes Shall Be Returned to the Election Authority.

(28) Absentee Voters Who Seek to Vote in Person. If any person who has been sent an absentee ballot tries to vote in person at the election, election officers should see the letters AV or SAV opposite his name on the voting list. This person must present a certificate obtained from the city or town clerk authorizing him to vote in person. The city or town clerk shall by telephone authorize the presiding officer to issue such certificate if the clerk determines that a voter at the polling place is entitled to it, and the presiding officer shall then sign and issue the certificate. The presiding officer shall securely attach the certificate to the voting list and shall duly note that the voter in fact voted in person. If no certificate is authorized, election officers must refuse to let him vote and they shall refer him to the city or town clerk.

(29) "Specially Qualified Voters" and New Citizens Who Register Late. "Specially qualified voters" and legal residents of the commonwealth who become citizens and register to vote after the regular registration deadline under M.G.L. c. 51, §§ 50-51 shall present their certificate of supplementary registration to the warden at the polling place, and these certificates shall be attached to the voting list. If the specially qualified voters or new citizens are applying for absentee ballots, the certificate shall be attached to the voting list before it goes to the polling place, and the procedure on election day shall be the same as for a regular absentee voter.

(30) Announce the Polls Closed. An election officer shall announce that the polls are closed at the designated time. Each person in line when the polls close must be allowed to vote. If possible, all waiting voters shall be inside the polling place. The police officer shall be directed either to stand at the end of the line and move along toward the inspector until the last person eligible has voted, or to hand out certificates stating that the person was in line when the polls closed.

Notes

950 CMR, § 52.03