950 CMR, § 52.04 - After the Polls Close

(1) Votes Counted Continuously. The counting of votes takes place in the polling place. The counting shall continue without interruption until all the votes are counted and the results are announced.

(2) Public May Observe Counting. The general public must be allowed inside the polling place after the polls close. The public must observe from outside the guard rail. Only election officers may handle ballots. All ballots cast must be kept in full view of the public while the counting is going on and until they are sealed in the box provided.

(3) The Clerk Shall Record the Final Ballot Box Register Number in the Election Record.

(4) Take Count of Voters on Both Voting Lists. The election officers in charge of each of the two voting lists shall count audibly and distinctly the number of names checked and shall announce the total number. The clerk shall record the numbers in the election record.

(5) Seal Checked Voting Lists in Envelope. After tallying the voting lists, an election officer shall place the tallied voting lists in the envelope provided for that purpose. The election officer shall seal the envelope. The warden and clerk shall sign the certificate. This envelope shall be kept separate.

(5A) Escrow ballot envelope. Two election officers shall count the number of escrow ballots contained in the escrow ballot envelope, and write this number on the outside of the envelope. They shall not count the votes on any escrow ballots. They shall then seal the escrow ballot envelope.

(6) Open Ballot Box and Remove Ballots. The warden shall unlock the ballot box with a key received from the police officer. The warden shall remove all cast ballots in the presence of other election officers.

(7) Election Officers Shall Separate the Ballots into Convenient Blocks. In a primary, election officers shall first divide the ballots by party, and then shall separate each party's ballots into convenient blocks, as designated by the city or town clerk. They shall not open the ballots while separating them.

(8) Count by Teams. Two tellers of different parties shall make a team; both shall view each ballot. One person shall read the vote, and the other shall record the tally. Only the teller actually marking the tally sheet shall have any marking device which must be a red pencil or red pen.

(9) Blocks of Ballots. Each team shall receive a block of ballots, the corresponding block tally sheet, and a long manila envelope. The block tally sheet and the envelope shall have a block number, and D or R on the front if it is a primary.

(10) One Teller Reads Ballots Aloud. Tellers shall count each ballot in its entirety before proceeding to the next ballot. They shall begin with the office at the top of the ballot, reading aloud the names of the candidates selected by the voter. They shall continue reading each office aloud in turn. They shall count all offices on one ballot, and then proceed to the next. They shall keep the ballots in the order counted.

(11) Acceptable Method of Recording Votes. Tellers shall use red pencil or red pen. A teller shall read ballot #1 and a marker shall record all votes for selected candidates or blanks in column #1. A teller shall read ballot #2 and a marker record the vote in first vacant consecutive space on the tally sheet for that candidate. Counting shall continue one ballot at a time working to the right using consecutive boxes as selected candidates are called until the entire stack of ballots is completely tallied.

(12) Alternate Method of Recording Votes. Tellers shall use red pencil or red pen. A teller shall record votes in the space corresponding to the order in which the ballot appears in the block. A teller shall read ballot #1 and a marker shall record all votes for selected candidates or blanks in column #1. Teller shall read ballot #2 and a marker shall record all votes for selected candidates or blanks in column #2. Counting shall continue one ballot at a time working to the right using the box corresponding to the order of the ballot within the block.

(13) Tally Blank Votes. If a voter does not cast a vote for a candidate, that vote for that office is tallied as a blank. If there is more than one position to be filled, there must be a vote tallied for a candidate or for a blank so that the total tally for that office shall equal the number of positions to be filled. If a vote for an office is spoiled or defective, it also shall be tallied as a blank. Each vote shall be recorded either in a candidate space or in a space for blanks on the tally sheet.

(14) Total the Tally Marks for Each Office. The tellers shall record the total number of tally marks in each line for each candidate for each office. They shall total all candidates' votes and blank votes in each office. For example, if one person is to be elected, the sum of the votes for the candidates plus the blanks should equal 50 when counting a block of 50 ballots. If two persons are to be elected to an office then all the votes plus the blanks should equal 100 in blocks of 50 ballots. The last block counted may be incomplete and so may contain fewer votes.

(15) Tellers Sign Blocks. After completing and agreeing to the totals, both tellers shall sign their block tally sheet and block envelope. They shall place the ballots and the tally sheet in the manila ballot envelope and shall return it to the clerk.

(16) Count All Valid Ballots. All ballots shall be counted accurately as marked. A ballot may not be rejected for any technical error if it is possible to determine the voter's choice. All votes should be counted for the persons for whom they were intended, so far as the intent can be clearly ascertained from the ballots themselves.

(17) Invalidating Marks. Election officers shall not count a ballot containing any mark clearly designed to let election officers know that a certain person voted in a certain way. If a voter writes his name or marks his ballot with the letters of his name, these are distinguishing marks which identify a voter. In that case, the tellers shall count a blank vote for every office and question on such a ballot.

(18) Over-Voted Offices. No votes shall be counted for an office if a voter marks more candidates than are to be elected. An over-vote shall be tallied as a blank vote, but the remaining valid votes for other offices on the ballot shall be counted.

(19) Write Ins. A write-in or sticker vote shall be counted whenever the intent of the voter can reasonably be determined, whether or not the voter has omitted the address or has made a mistake in the name or address of the candidate. The voter is not required to mark an "X" beside the name. At a presidential primary, a vote both for "no preference" and for a write-in or sticker candidate for president shall be counted as a vote for that write-in or sticker candidate.

(20) Completing the Tallies. The clerk and warden shall have the results of each block of ballots entered on the total tally sheet.

(21) Add Total Tally Sheet. The clerk and warden shall have the columns on the total tally sheet added to ascertain each candidate's total vote.

(22) Warden and Clerk Sign Total Tally Sheet. After the total tally sheet is correct, the warden and clerk shall write the date, ward and precinct and city or town on the tally sheet.

(23) Clerk Shall Complete Election Record.

(24) Announce Final Returns. Officials shall wait until tally sheets balance before announcing any vote totals. The warden or the clerk shall announce the final returns.

(24A) Reporting Results to Central Reporting Service. The clerk may report by telephone the results of final precinct tallies for any presidential preference primary, state primary or general election to a central media reporting service in consideration for a contribution, in an amount approved by the state secretary, to the respective state-wide municipal clerks association to be used for continuing education programs for municipal clerks.

(25) Count Spoiled Ballots. The number of ballots spoiled by voters and returned during the day shall be noted in the clerk's Election Record.

(26) Count Unused Ballots. Election officers shall count all unused ballots. The clerk shall note in the Election Record the number and party of unused ballots.

(27) Spoiled and Unused Ballots. Election officers shall place the spoiled and unused ballots in the container provided under seal.

(28) Gather All Counted Ballots. Election officers shall put all cast ballots in their block envelopes. They shall place all block envelopes in the containers provided for the cast ballots.

(29) Seal Container. The warden shall seal the container with the seal provided and shall attach the proper tag for cast ballots only. In addition, an election officer may affix a private seal.

(30) Sign Cast Ballot Container. The warden and clerk shall sign the container and shall enter the election and the date. They also shall fill out and sign a certificate stating that all ballots cast are contained therein.

(31) Total Tally Sheets. The warden and clerk shall place the total tally sheet in an envelope, seal it and sign the outside of the envelope. This envelope shall be kept separate.

(32) Return All Election Materials. The election officers shall have all election materials returned to the city or town clerk, as follows:

(a) the counted ballots and the spoiled and unused ballots sealed in the proper containers;

(b) the marked voting lists and the total tally sheet and the escrow ballots, in separate envelopes;

(c) all other election supplies.

The election officers shall not throw anything away.

Notes

950 CMR, § 52.04