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A communication transmitted from Louis A. DePasquale, City Manager, relative to a report received from the Board of Election Commissioners requesting the City Council vote to temporarily relocate polling sites in response to COVID-19

CMA 2020 #179·Council meeting Aug 3, 2020·49 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

CITY OF CAMBRIDGE BOARD OF ELECTION COMMISSIONERS 51 Inman Street, Cambridge, Massachusetts 02139 - Telephone [phone removed] - TTY: [phone removed] Fax: [phone removed] • Email: Elections2@cambridgema.gov » Website: www.cambridgema.gov/election COMMISSIONERS EXECUTIVE DIRECTOR Ethridge A. King, Jr. Tanya L. Ford-Crump Larry W. Ward Charles J. Marquardt ASSISTANT DIRECTOR Victoria A. Harris Lesley Waxman RECOMMENDATION TO TEMPORARILY RELOCATE POLLING SITES IN RESPONSE TO COVID-19 In response to COVID-19, House Bill 4820 was passed and signed into law as Chapter 115 of the Acts of 2020. (See attached) According to Section 11 of Chapter 115 of the Acts of 2020, there are new procedures required when moving precincts or polling locations which affects any polling place changes on or after July 6, 2020. The section states: "Notwithstanding section 24 of chapter 54 of the General Laws or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the primary election or the general election at least 20 days prior to the date of the primary election or general election if it is determined that the public convenience or public health would be better served. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality, if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein. In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served. In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate adverse impact on access to the polls on the basis of race, national origin, disability, income or age, and not later than 3 days prior to changing a polling place, shall make publicly available on its website and at the office of the town or city clerk a report on its evaluation. When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places 1
and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call." The City's primary responsibility for the 2020 elections is to conduct fair elections in a manner that facilitates maximum voter participation while minimizing voter confusion and risk during COVID-19. According to Section 11 of Chapter 115 of the Acts of 2020, "the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the primary election or the general election at least 20 days prior to the date of the primary election or general election if it is determined that the public convenience or public health would be better served..." Due to the coronavirus pandemic, it has been determined by the City of Cambridge Board of Election Commissioners ("Board") that public health would be better served if the polling sites like those in high- risk facilities such as senior care facilities, hospitals and small facilities were relocated for the upcoming 2020 State Primary, September 1st and General Election, November 3r. The City of Cambridge has 34 wards and precincts and 30 polling sites. Of those 30 polling sites, the Board recommends that 14 of these polling sites be relocated. The Board has located suitable locations to serve as temporary polling sites that would meet state regulations and be located in the same ward and precinct or in close proximity to the current polling places with hopes of providing voter convenience and to minimize voter confusion. Most of the temporary locations will be inside Cambridge public schools. Discussions between the Board and the City of Cambridge School Committee resulted in permission for the Election Commission to continue using schools that have been designated polling places and to use additional Cambridge Public Schools as polling places for relocation purposes for the upcoming 2020 elections. School buildings will be otherwise closed during the polling. (See adopted Motion #20-149) Each of the proposed temporary polling locations were evaluated in accordance with Section 11 of Chapter 115 of the Acts of 2020 and the Board determined that these sites will not have a "disparate adverse impact on access to the polls on the basis of race, national origin, disability, income or age..." The proposed locations are accessible for all voters, near previously used polling locations, and provide enough space to accommodate the necessary voting equipment and supplies and social distancing of poll workers, and voters. In accordance with 950 CMR 51:00 "Polling place accessibility for elderly and handicapped voters" a Polling Place Accessibility Survey was completed for each of the proposed relocation sites to enable the Board to determine that they are fully accessible for all voters and suitable as polling locations. (See attached surveys) In addition, the Board will adhere to public health guidelines and ensure election workers receive training on properly sanitizing equipment, PPE and social distancing to mitigate public health risks. The following is a list of current polling places and the recommended relocation sites: 2
Current Location & Reason Precinet Temporary Polling Locations for 2020 Elections for Temporary Relocation O'Connell Branch Library 1-1 Kennedy-Longfellow School, 158 Spring Street Too small for social distancing Truman Apartments 1-2 Kennedy-Longfellow School, 158 Spring street Too small for social distancing Putnam Gardens 4-1 Cambridge Community Center, 5 Callendar Street Too small for social distancing 2 Mount Auburn Street Martin Luther King School, 102 Putnam Avenue 4-3 Senior Housing, too small for Double precinct with 8-3 social distancing Woodrow Wilson Morse School, 40 Granite Street 5-2 Too small for social Double precinct with 5-3 distancing. Cambridge Rehab & Nursing Cambridge Rindge Latin School cafeteria, 459 Facility Broadway 6-2 Nursing Home not allowing Double precinct with 6-3 public access. 3
Spaulding Hospital Cambridge Rindge Latin School cafeteria, 459 6-3 Stringent COVID safety Broadway requirements Quincy House Martin Luther King School, 102 Putnam Avenue 8-3 Too small for social distancing. Lexington Ave Fire House 9-1 Holy Trinity Armenian Church, 145 Brattle Street Closed for renovations. Corcoran Park Haggerty School, 110 Cushing Street 9-3 Too small for social distancing Russell Apartments 10-1 Peabody School, 70 Rindge Avenue, Rear Entrance Too small for social distancing Cadbury Commons Cambridge Friends School 10-3 Assisted Living, not open to public Jefferson Park 11-1 Too small for social distancing Reservoir Church, 170 Rindge Avenue Burns Apartments 11-3 St. John the Evangelist Church, 2254 Mass Closed for renovations. 4
At a meeting held on Tuesday, July 28 at 5:30 p.m. the Board voted 4-0 to approve the recommendations in this report. As per Section 11 of Chapter 115 of the Acts of 2020, the City of Cambridge Board of Election Commissioners respectfully submits this report to the City Council for review and determination.
July 27, 2020 Map prepared by Cambridge GIS 2-3 Unchanged Polling Locations Updated Polling Locations Ward & Precinct Boundary Inactive Polling Locations * By Ward and Precinct Legend 2-2 Unheret Ar 6- Polling Locations City of Cambridge 6-3. 7-2 8-3- 10-2 ·18-2 122 [phone removed] Cambridge, MA 02139 51 Inman Street, First Floor Elections2@CambridgeMA.gov Cambridge Election Commission 9-1 10-3 9-2 44 Linnaean St., Playground. Entr. 2254 Massachusetts Ave 110 Cushing St 70 Rindge Avenue 70 Rindge Rd 170 Rindge Road 5 Cadbury Road 10-3 Cambridge Friends School 10-2 Graham & Parks School 11-1 Resevoir Church 11-3 St John the Evangelist Church 11-2 Peabody School Gym, Rear Entrance 9-3 Haggerty School 10-1 Peabody School Gym, Rear Entrance Kennedy-Longfellow School 150 Erie St., Parking Lot Entrance Graham & Parks School 158 Spring St 158 Spring St Gund Hall 48 Quincy St., Cambridge St. Entr. 15 Lambert St., Cambridge St. Entrance Cambridge Community Center City Hall, Driveway Entrance Cambridge Rindge School Cambridge Rindge School Holy Trinity Armenian Church 40 Granite St., Main Entrance City Hall Annex, 2nd Fl. Conf. Room Baldwin School, Community Fir. Side Entrance on Berkshire St 145 Brattle St 5 Longfellow Park 40 Granite St, Main Entrance 826 Cambridge St, 102 Putnam Ave 5 Callender St 459 Broadway 102 Putnam Ave Front Entrance Front Entrance 44 Linnaean St., Playground Entr. Martin Luther King, Jr. School Martin Luther King, Jr. School Pisani Center 28 Sacramento St. 28 Sacramento St. Friends Center, Community Rm. National Guard Armory, Classrm. Baldwin School, Community Fir. Parking lot entrance on Sparks St 243 Harvard St., Lower Level, 459 Broadway 344 Broadway 70 Massachusetts Ave. Miller River Apartments 402 Massachusetts Ave 131 Washington St. Morse School Morse School 450 Concord Ave. 243 Harvard St., Lower Level, 70 Massachusetts Ave. 795 Massachusetts Ave LBJ Apartments, Community Room • Kennedy-Longfellow School MIT, Kresge Auditorium MIT, Kresge Auditorium Valente Library Polling Locations 3-2A Moses Youth Center 3-2 Moses Youth Center 3-3 Salvation Army Headquarters 7 7 5-1 3-1 8-1 2-2 5-3 6-3 8-2 9-2 1-3 2-3 7-3 1-2 7-2 8-3
Z Precinct 1-1 Boundary Gilmore Bridge Cambridge Boundary St Leighton Morgan Ave Canal Play Land Bivd Glassworks Ave First St Water St Cambridge Pkwy North I First St Otis St St Bent St Precinct 1-1 Second St 158 Spring St Rogers St Lopez Ave Thorndike Binney St Otis St Gore St Spring St Winter St Sciarappa St Stevens Ct Polling Place: Kennedy-Longfellow School Hurley St 0.25 mi Fifth St Charles St Spring Pl Bent St Rufo Ra Sixth St Seventh St Eighth St Lambert St Max Ave Fulkerson St
Cambridge Pkwy Land Blyd Longfellow Bridge First St Otis St Bent St Second St Lopez Aye Otis St Linskey Way Athenaeum St Gore St Spring St Sciarappa St Toriator Third St Hurley St Charles St Fifth St Munroe-St- Rufo Ra Bent St Thorndike St Rogers St Binney St Sixth st Seventh St Eighth St Fulkerson St Memorial Way *Porter St- Galilei Way Jefferson St Cardinal Medeiros Àve Harding St i Hunting Sti Precinct 1-2 Berkshire St Willow St Portland St Davis St Clark St 0.25 mi Moore St Portsmouth St 158 Spring St Windsor St Union St Washington St Boardman St Cherry St Columbia St Polling Place: Kennedy-Longfellow School Pine St Elm St
is Lead William St Cottage Soden St SE Pleasant PI Upton St Kinnaird St Franklin Kelly st Jay St Chalk St Fairmont St Howard St Prince St SE Gilmore St Hayes Magee St Fairmont Ave Callender St Western Ave Ballord PI Blackstone St Surrey St Flagg St Hingham St Memorial Dr Akron St Ward-Precinct 4-1 Boundary Precinct 4-1 0.25 mi 5 Callender St Cambridge City Boundary Polling Place: Cambridge Community Center
7 St William Pleasant St Cottage Soden St Upton St Kinnaird St Green St 102 Putnam Ave Jay St Howard St Belvidere PI Gilmore St Polling Place: Martin Luther King, Jr. School Hayes Magee St Callender St Surrey St Fallon PI St Hingham St Grant St Western Ave Akron St Flagg St Precinct 4-3 15 Cowperthwaite 0.25 mi
Audrey St Merriam St Emily St Watson St Talbot St Amesbury St Decatur St Lawrence St Erie St Putnam Ave Kelly Rd Hamilton St Chestnut St Allston St Chalk St Henry St Fairmont St Prince Tufts Sto Granite Glenwood Ave Florence Precinct 5-2 Riverside Rd Memorial Dr 0.25 mii Street Bridge River 40 Granite St Main Entrance Polling Place: Morse School
Antrim: Fayette Maple Ave Highland Ave Lee St St 459 Broadway St Ellsworth Ave Hancock St Polling Place: Cambridge Rindge School Dana Ellery Trowbridge St Felton St St Ware Remington St Prescott St. Precinct 6-2 Surrey St Quincy St A MONY 0.25 mi Grant St Bow St Gowperthwaite St Linden St Mill St Dunster St Holyoke
Amory St Inman St Antrim s Si Fayette Ave Maple Leonard Ave Highland Ave Highland I Ave Ellsworth Ave Hovey Ave Magnolia Roberts Rd Farrar St St Trowbridge St Dana Irving St Ellery St Precinct 6-3 Trowbridge Sumner Rd Felton St Ware St 0.25 mi Prescott St SE Quincy St MONY 459 Broadway Bow St Cambridge St Linden St Polling Place: Cambridge Rindge School
St Kinnaird St Centre Jay St Cleveland Howard St P, SE St As lea Gilmore St Hayes Green Trowbridge Callender St Prescott St Surrey St Arrow St Flagg St Grant Śt Bow St Cowperthwaite St 39 громод Plympton St SE Mill St St Winthrop Palmer St South Precinct 8-3 Is Sar 0.25 mi 102 Putnam Ave Polling Place: Martin Luther King, Jr. School
Garden St Berkeley St lealey St Buckingham St Bradbury St Sparks St nassas Ave Kelley St Mt. Auburn St IS MOST Hemlock Rd Wyman Rd Lowell St Appleton St edy Rd Longfellow Rd Ke Highland Channing St hing Pl Cha Traill Si Lincoln Ln Standish/st Lakeview Ave Lexington Ave Grozier Rd Poplar Ra Larch Rd Fresh Pond Ln Larchwood Dr Aberdeen Avor Holworthy st 0.5 mi Gushing St Locust St High St Lawn St Lawn Ct is st Sauveur Ct: Fresh Pond f 145 Brattle St Parking Lot Entrance on Sparks St Polling Place: Holy Trinity Armenian Church Precinct 9-1
7 Standish St Lakeview Ave Lexington Ave Brattle Cir Grozier Rd Larch Rd Fresh Pond Ln Larchwood Dr Aberdeen Ave Brattle St Homer Ave 110 Cushing St Holworthy St Holworthy PI Polling Place: Haggerty School Spruce Ave Precinct 9-3 Cushing St Locust St High St 0.25 mi Thingvalla Ave Belmont St Lawn St Lawn Ct Fresh Pond PI St Sauveur Ct
St N. Somerville Ave Forest St Roseland St : Massachusetts Ave 5* Orchard St Mt Vernon St Porter Rd Arlington St Porter Cir Walnut Ave Cambridge Ter Richdale Ave Mt Pleasant St Mead Vincent St hs rea Ave Whittier St le da Rich Hubbard Ave Precinct 10-1 AS SHIOH A 0.25 mi Rindge Ave Middlesex St Walden Square Rd Pemberton St Sargent St Bolton St Sherman St 70 Rindge Ave Rear Entrance Jackson Pl Polling Place: Peabody School Gym
St Whittier Richdale Ave Hubbard Ave Raymond St Newell St Tierney St Middlesex St Walden Square Rd Bolton St Pemberton St Sargent St Sherman St Cir IS AAI Copley St Concord Ave Field St 5 Cadbury St Precinct 10-3 Polling Place: Cambridge Friends School Bay State Rd. Concord Ln Wheeler St
Norris St Camp St is es-ppN Cedar St Cadbury Rd Pemberton St Bolton St Washburn Ave Reed St Bellis Ct Montgomery St Churchill Ave Bellis Cir Clay St l cos Magoun St Jackson St Madison Ave Clifton Cir Clifton St Clifton PI 170 Rindge Ave Rindge Ave Polling Place: Resevoir Church Whittemore Ave * Alewife Brook Pkwy New St Terminal Rd Alewife T Station Access Rd Ward-Precinct 11-1 0.5 mi Cambridgepark Dr Precinct 11-1 Wilson Rd Smith PI Acorn Pk Mooney St Spinelli Pı Griswold St
Day St) Fairfield St Dover Sti Meacham Haskell St Hollis St Rindgefield St Shea Rd Yerxa Rd yd SilIOH Cameron Ave Camp St Norris St Alberta Ter Cedar St Gold Star Rd Harrington Rd Washburn Ave Clarendon Ave Tyler Ct. Edmunds PA IH Cottage Park Ave Churchill Ave ST Seunil George St Brookford St Harvey St Newman St Dudley St Magoun St Alewife Brook Pkwy Madison Ave Ave Theriault Ct 2254 Massachusetts Ave Columbus Rindge Ave Whittemore Ave Polling Place: St. John the Evangelist Church Seagrave Rd Precinct 11-3 Alewife T Station Áccess Rd 0.25 mi Cambridgepark Dr
C20-171 SCHOOL COMMITTEE 269 BROADWAY CHAIR MEMBERS MAYOR SUMBUL SIDDIQUI CAMBRIDGE MASSACHUSETTS 02138 ALFRED B. FANTINI JOSE' LUIS ROJAS OFFICE OF THE EXECUTIVE SECRETARY VICE CHAIR DAVID J. WEINSTEIN TEL: [phone removed] • FAX: [phone removed] MANIKKA L. BOWMAN RACHEL B. WEINSTEIN dbeard@cpsd.us AYESHA M. WILSON -IN SCHOOL COMMITTEE- July 14, 2020 ORDERED: Whereas due to COVID-19, many traditional polling locations in the City of Cambridge cannot be used to protect the safety of election workers, voters, and vulnerable populations in nursing homes and senior housing; and Whereas across Massachusetts and the country, communities are deciding to relocate polling locations to schools where physical distancing requirements can be met; Therefore be it Resolved that the Sub-Committee on Building and Grounds recommends that the School Committee grant the request from the Board of Election Commissioners in a letter dated July 9, 2020, to use the following schools as polling locations on Tuesday, September 1, 2020, and Tuesday, November 3, 2020: 1. Kennedy School, 158 Spring Street 2. Martin Luther King Jr School, 102 Putnam Avenue 3. Cambridge Rindge and Latin School, 459 Broadway 4. Longfellow School, 359 Broadway 5. Haggerty School, 110 Cushing Street Be it further resolved the Board of Election Commissioners continues using the schools that are currently polling locations: 1. Morse School, 40 Granite Street 2. Baldwin School, 28 Sacramento Street 3. Graham and Parks School, 47 Linnaean Street 4. Peabody School, 70 Rindge Avenue Be it further resolved given safety concerns for our staff, CPSD will ensure staff and educators are provided safe working conditions on September 1, 2020, Primary Election Day, which is also a professional development day for the district; and Be it further resolved that CPSD will close school buildings and provide virtual instruction on November 03, 2020, General Election Day, or close schools entirely with no instruction and make up the day at the end of the school year. A true copy: Attest: Nisha E. Beard Dosha E. Beard Executive Secretary to the School Committee Bldgs. & Grnds c: Superintendent Election Commission Motion #20-149
Session Law - Acts of 2020 Chapter 115 Page 1 of 24 Acts (2020) Chapter 115 AN ACT RELATIVE TO VOTING OPTIONS IN RESPONSE TO COVID-19. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith provide for increased voting options in response to COVID-19, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Subsection (b) of section 25B of chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- No application shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters before 5 P.M. on the fourth business day preceding the election. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 2 of 24 SECTION 2. Said section 25B of said chapter 54, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:- (c) The voting period for in person early voting shall run from the eleventh business day preceding the general election until the close of business on the business day preceding the business day before the election; provided, however, that if the eleventh business day before the election falls on a legal holiday the early voting period shall begin on the first business day prior to the legal holiday. The voting period for early voting by mail shall begin as soon as all necessary early voting materials have been received by the local election official pursuant to subsection (h). SECTION 3. Section 89 of said chapter 54, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- Any form of written communication evidencing a desire to have an absent voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. No application for an absent voting ballot to be sent by mail shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or before the fourth business day preceding the election for which the ballot is 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 3 of 24 being requested. No application for an absent voting ballot to be voted in person shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or before noon on the day preceding the election for which such absent voting ballot is requested; provided, however, that if the day preceding such election is a Sunday or legal holiday, then it shall be received by such clerk or registrars before 5 P.M. on the last previous day on which such office is open. An application by a voter admitted to a health care facility after noon of the seventh day before the relevant election, as provided in subsection (c) of section 91B, may be received up until the time the polls close. SECTION 4. Section 91B of said chapter 54, as so appearing, is hereby amended by striking out, in line 21, the words "after noon of the fifth" and inserting in place thereof the following words:- on or after the seventh. SECTION 5. Section 92 of said chapter 54, as so appearing, is hereby amended by striking out, in line 11, the words "eighty-seven, or" and inserting in place thereof the following words:- 87; via a secured municipal drop box, where provided; or. SECTION 6. (a) As used in sections 6 to 14, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Application", , an application to vote early by mail. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Page 4 of 24 Session Law - Acts of 2020 Chapter 115 "Central registry", ", the central registry of voters established pursuant to section 47C of chapter 51 of the General Laws. "General election" or "election", , the general election scheduled for November 3, 2020. "Primary election" or "primary", the primary election scheduled for September 1, 2020. "Qualified voter" or "voter" , a voter qualified pursuant to section 1 of chapter 51 of the General Laws. "State secretary," the secretary of the commonwealth. (b) Notwithstanding section 25B of chapter 54 of the General Laws or any other general or special law to the contrary, there shall be early voting by mail for the primary election and general election. (c) The election officers and registrars of every city or town shall allow any qualified voter to cast an early ballot by mail for the primary election and general election and any city or town election held at the same time. (d)(1) The state secretary shall, not later than July 15, 2020, mail to all registered voters who registered to vote before July 1 at their residential addresses or mailing addresses if different from their residential addresses listed in the central registry an application for said voter to be permitted to vote early by mail for the primary election; provided, however, that the state secretary shall not send an application to any voter 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 5 of 24 whose previous application for an absent or early ballot for the primary election or for all elections in calendar year 2020 has been accepted. (2) The state secretary shall, not later than September 14, 2020, mail to all registered voters who registered to vote before September 1 at their residential addresses or mailing addresses if different from their residential addresses listed in the central registry an application for said voter to be permitted to vote early by mail in the general election; provided, however, that the state secretary shall not be required to send an application to any voter whose previous application for an absent or early ballot for the general election or for all elections in calendar year 2020 has been accepted. (3) The election officers and registrars of every city or town shall include an application for a voter to be permitted to vote early by mail with the acknowledgement notice sent to any person registering to vote or changing their voter registration address: (i) on or after July 1, 2020 and on or before August 22, 2020 for the primary election; and (ii) on or after September 1, 2020 and on or before October 24, 2020 for the general election. (4) The applications required pursuant to this subsection shall be in a form prescribed by the state secretary in accordance with state and federal law; provided, however, that said applications shall: (i) include clear instructions for 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 6 of 24 completing and returning the application; (ii) allow a voter to designate the mailing address to which the ballot shall be sent; and (ill) be pre-addressed to the local election official with postage guaranteed. (5)(i) Each application mailed pursuant to this subsection shall be provided in any language required by the bilingual election requirements of the federal Voting Rights Act, 52 U.S.C. § 10503. (ii) Each application mailed to a voter in the city of Boston pursuant to this subsection shall include an option, which shall appear prominently on the application, to request a ballot printed in any language available at the voter's polling location pursuant to chapter 166 of the acts of 2014. (6) The applications required pursuant to this subsection shall be made available on the websites of the state secretary and the election officers and registrars of every city or town. (e)(1) A voter wishing to vote early by mail in the primary election shall complete the application to vote early by mail and shall return said application to the appropriate city or town clerk. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting for the primary election shall be given the same effect as an application made in the form prescribed by the state secretary. Applications to vote early by mail for the primary election shall be acceptable if they are signed or submitted electronically; https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 7 of 24 provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature. (2) No application to vote early by mail in the primary election shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 P.M. on Wednesday, August 26, 2020. (f)(1) A voter wishing to vote early by mail in the general election shall complete the application and shall return said application to the appropriate city or town clerk. Applications to vote early by mail for the general election shall be acceptable if they are signed or submitted electronically; provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature. (2) No application to vote early by mail in the general election shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 P.M. on Wednesday, October 28, 2020. (g)(1) Early voting ballots authorized pursuant to this section shall be mailed by the city or town clerk to voters as soon as such materials are available; provided, however, that said mailing shall include: (i) instructions for early voting; (ii) instructions for completing the ballot; (ill) an inner envelope where the ballot is placed after voting which contains an https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 8 of 24 affidavit of compliance to be filled out by the voter; and (Iv) an outer envelope that is pre-addressed to the local election official with postage guaranteed; provided, however, that a voter who has seasonably filed an application may receive an early voting ballot in person at the office of the city or town clerk. The state secretary shall seek to have included on the outer envelope with postage guaranteed required by this section a system which generates a postmark for determining the date upon which the envelope was mailed and, if such a postmark system cannot be implemented, the state secretary shall inform the clerks of the senate and house of representatives of efforts undertaken and impediments to developing such a system. (2) Each early voting ballot authorized pursuant to this section shall be provided to the voter in the language required pursuant to paragraph (5) of subsection (d). (h)(1) A voter in receipt of an early voting ballot for the primary election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk. (2) A voter in receipt of an early voting ballot for the general election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 9 of 24 the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk. (3) All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box as provided by this section shall be received by the city or town clerk before the hour fixed for closing the polls on the day of the primary election or general election; provided, however, that an early voting ballot cast for the general election that is received not later than 5 P.M. on November 6, 2020 and mailed on or before November 3, 2020 shall be processed in accordance with the second paragraph of section 95 of chapter 54 of the General Laws. A postmark, if legible, shall be evidence of the time of mailing. (i) A voter wishing to apply to vote early by mail in the primary or general election and who needs accommodation by reason of disability may request such accommodation from the state secretary. Upon receiving information from the voter pursuant to the application in this section either by phone or electronically, the state secretary shall grant accommodations to the voter. Accommodations shall include, but not be limited to: (i) clear and electronic accessible instructions for completion, printing and returning of the ballot; (ii) an authorized accessible blank electronic ballot that can be filled out electronically, printed and signed; provided, however, that the accessible electronic ballot marking system the voter 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 10 of 24 utilizes to access their blank electronic ballot shall not collect or store any personally identifying information obtained in the process of filling out the ballot; (ill) an envelope to return the ballot to the voter's town or city clerk; and (iv) hole punched markers in place of a wet signature required for certification. The electronic instructions and accommodations in this section shall comply with requirements contained in Title II of the federal Americans with Disabilities Act and shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1 AA and the National Institute of Standards and Technology report titled "Principles and guidelines for remote ballot marking systems." Upon printing the ballot, the voter shall place the ballot in the envelope provided by the state secretary. A voter with accommodations in receipt of an early voting ballot for the primary or general election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk. SECTION 7. (a) Notwithstanding section 25B of chapter 54 of the General Laws or any other general or special law to the contrary, there shall be early voting in person for the primary election and the general election. (b)(1) The election officers and registrars of every city or town shall allow any qualified voter to cast an early ballot in person for the primary election during the early voting period, 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 11 of 24 which shall begin on Saturday, August 22, 2020 and end on Friday, August 28, 2020. Early voting in person shall also apply to any city or town election held at the same time. (2) The election officers and registrars of every city or town shall allow any qualified voter to cast a ballot in person for the general election during the early voting period, which shall begin on Saturday, October 17, 2020 and end on Friday, October 30, 2020. Early voting in person shall also apply to any city or town election held at the same time. (3) Any qualified voter wishing to vote early in person in the primary or general election may do so at the time, manner and location prescribed in this section. (c)(1) Early voting in person for the primary election shall be conducted on Saturday, August 22, 2020 and Sunday, August 23, 2020, as follows: (i) for municipalities with fewer than 5,000 registered voters, for a period of a minimum of 2 hours each day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered voters, for a period of a minimum of 4 hours each day; (iii) for municipalities with 20,000 or more registered voters but fewer than 40,000 registered voters, for a period of a minimum of 5 hours each day; (iv) for municipalities with 40,000 or more registered voters but fewer than 75,000 registered voters, for a period of a minimum of 6 hours each day; and (V) for municipalities with 75,000 or more registered voters, for a 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapterl15
Session Law - Acts of 2020 Chapter 115 Page 12 of 24 period of a minimum of 8 hours each day. For each other day during the early voting period, early voting shall be conducted during the usual business hours of each city or town clerk. A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph. (2) Early voting for the general election shall be conducted on Saturday, October 17, 2020, Sunday, October 18, 2020, Saturday, October 24, 2020 and Sunday, October 25, 2020 as follows: (i) for municipalities with fewer than 5,000 registered voters, for a period of a minimum of 2 hours each day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered voters, for a period of a minimum of 4 hours each day; (iii) for municipalities with 20,000 or more registered voters but fewer than 40,000 registered voters, for a period of a minimum of 5 hours each day; (iv) for municipalities with 40,000 or more registered voters but fewer than 75,000 registered voters, for a period of a minimum of 6 hours each day; and (v) for municipalities with 75,000 or more registered voters, for a period of a minimum of 8 hours each day. For each other day during the early voting period, early voting shall be conducted during the usual business hours of each city or town clerk. A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Page 13 of 24 Session Law - Acts of 2020 Chapter 115 (d)(1) Each city and town shall establish an early voting site for the primary election and an early voting site for the general election that shall include the election office for the city or town; provided, however, that if the city or town determines that the office is unavailable or unsuitable for early voting in either the primary election or general election, the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building within that city or town as an early voting site. A city or town may also provide for additional early voting sites for the primary election or general election at the discretion of the registrars for that city or town. Each early voting site shall be accessible to persons with disabilities in accordance with federal law. (2) The designation of early voting sites for the primary election shall be made not later than August 7, 2020. Not later than August 14, 2020, and at least once during the voting period, the registrars for each city or town shall post the location of the early voting sites as well as the applicable dates and hours. Notice shall be conspicuously posted: (i) in the office of the city or town clerk or on the principal official bulletin board of each city or town; (ii) on any other public building considered necessary; (iii) on the city or town's website, if any; and (iv) on the website of the state secretary. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 14 of 24 (3) The designation of early voting sites for the general election shall be made not later than October 2, 2020. Not later than October 9, 2020, and at least once during the voting period, the registrars for each city or town shall post the location of the early voting sites as well as the applicable dates and hours. Notice shall be conspicuously posted: (i) in the office of the city or town clerk or on the principal official bulletin board of each city or town; (ii) on any other public building considered necessary; (iii) on the city or town's website, if any; and (iv) on the website of the state secretary. (e) A qualified voter voting early in person shall be provided with a ballot and an envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter. A qualified voter voting early in person shall complete an affidavit under the regulations promulgated pursuant to this act, which shall include a notice of penalties under section 26 of chapter 56 of the General Laws. (f) Prior to the beginning of early voting, the registrars for each city or town shall prepare a list for the early voting sites, containing the names and residences of all persons qualified to vote at each voting site, as the names and residences appear upon the annual register, and shall reasonably transmit the applicable list to the election officers at each early voting site designated by the registrars. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 15 of 24 (g) The registrar or presiding official at the early voting site shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters "EV" designating an early voter. (h) The registrars shall prepare lists of all voters casting ballots pursuant to this section or section 6 during the early voting period and update the voter list in a manner prescribed by the state secretary. (i) A city or town may opt to detail a sufficient number of police officers or constables for each early voting site for the primary election at the expense of the city or town to preserve order, protect the election officers and supervisors from any interference with their duties and aid in enforcing the laws relating to elections. (j)(1) The absentee or early ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote by reason by death after casting the ballot. For the purposes of this section, the term "cast" shall mean that the voter has: (i) deposited the absentee or early ballot in the mail for ballots mailed; (li) returned the absentee or early ballot to the appropriate election official either by hand or by depositing in the municipal drop box, where available; or (iii) completed voting in person at the clerk's office or an early voting location. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 16 of 24 (2) Section 100 of chapter 54 of the General Laws shall not apply to the primary election or general election or any other municipal election held at the same time. (k) Notwithstanding any general or special law to the contrary, any absent ballot cast pursuant to section 86 of chapter 54 of the General Laws or any early voting ballot cast pursuant to this section or section 6 may be deposited into a tabulator or a ballot box in a municipality or precinct that uses paper ballots, in advance of the date of the primary or the general election. All ballots received pursuant to this section or section 6 may be opened in advance of the date of the primary or the general election, in accordance with regulations promulgated by the state secretary; provided, however, that such ballots shall be kept secured, locked and unexamined, and that no results shall be determined or announced until after the time polls close on the date of the primary or the general election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56 of the General Laws. Not later than August 1, 2020, the state secretary shall promulgate emergency regulations regarding the advance depositing of ballots. SECTION 8. (a) Not later than August 3, 2020, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (1) official absentee and early voting ballots for the primary election, similar to the official ballot to be used at the primary https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 17 of 24 election; provided, however, that a sufficient quantity of such ballots are printed in the languages necessary to accommodate the selection of a bilingual ballot by voters pursuant to paragraph 5 of subsection (d) of section 6; (il) envelopes of sufficient size to contain the ballots specified in clause (i) bearing on their reverse the voter's affidavit in compliance with the requirements of subsection (j) of section 25B of chapter 54 of the General Laws; (iii) return envelopes for any ballot requested for voting by mail pre-addressed to the local election official with postage guaranteed; and (iv) instructions for voting by mail to be sent to each voter who requests to cast a ballot by mail. (b) Not later than October 9, 2020, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (i) official absentee and early voting ballots, for the general election, similar to the official ballot to be used at the general election; provided, however, that a sufficient quantity of such ballots are printed in the languages necessary to accommodate the selection of a bilingual ballot by voters pursuant to paragraph 5 of subsection (d) of section 6; (Il) envelopes of sufficient size to contain the ballots specified in clause (i) bearing on their reverse the voter's affidavit in compliance with the requirements of subsection (i) of said section 25B of said chapter 54; (lil) return envelopes for any ballot requested for https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 18 of 24 voting by mail pre-addressed to the local election official with postage guaranteed; and (iv) instructions for voting by mail to be sent to each voter who requests to cast a ballot by mail. SECTION 9. (a) Sections 37 and 38 of chapter 53 of the General Laws shall apply to unenrolled voters and voters enrolled in political designations voting early in the primary election. The registrar or presiding official at the early voting site shall cause the name of the party of the ballot being voted to be recorded on the voting list. Once the party selection has been recorded on the voting list, a voter cannot request or vote on the ballot of another party. (b) The counting of early voting ballots including, but not limited to, informing election officers and any challengers present under section 85A of chapter 54 of the General Laws shall be set by 950 C.M.R. § 47.00, so far as applicable. All envelopes referred to in this section shall be retained with the ballots cast at the primary election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots. (c) The provisions of 950 C.M.R. § 47.00 shall apply to early voting at the primary election to the extent feasible; provided, however, that the state secretary shall promulgate rules to accommodate the dates set forth herein. 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 19 of 24 SECTION 10. Notwithstanding section 25B of chapter 54 of the General Laws or any other general or special law to the contrary, the election officers and registrars of every city or town shall allow any qualified voter to vote early by mail for any city or town election held on or betore December 31, 2020. SECTION 11. Notwithstanding section 24 of chapter 54 of the General Laws or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the primary election or the general election at least 20 days prior to the date of the primary election or general election if it is determined that the public convenience or public health would be better served. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality, if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein. In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served. In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate adverse https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 20 of 24 impact on access to the polls on the basis of race, national origin, disability, income or age, and not later than 3 days prior to changing a polling place, shall make publicly available on its . website and at the office of the town or city clerk a report on its evaluation. When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call. SECTION 12. Notwithstanding section 29 of chapter 53 of the General Laws and sections 11, 11B, 12 and 13 of chapter 54 of the General Laws or any other general or special law to the contrary, for the primary election and general election, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers, then the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the position of the warden, clerk or inspector, or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the primary or general election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
Session Law - Acts of 2020 Chapter 115 Page 21 of 24 voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. SECTION 13. Notwithstanding sections 67 and 83 of chapter 54 of the General Laws or any other general or special law to the contrary, for the primary election and general election, the city or town clerk may eliminate the requirement that a voter provide their name or residence to an election officer at the ballot box and that the election officer mark the name off a voting list before the voter may deposit the ballot in the ballot box. SECTION 14. Notwithstanding any general or special law to the contrary, the state secretary shall implement a system to allow a qualified voter to request an early or absentee ballot on the state secretary's website, to be mailed to the qualified voter's home address or a different mailing address as designated by the voter. The system shall not require the voter's signature. The system shall apply to the November 3, 2020 general election, and, if feasible, to the September 1, 2020 state primaries, and shall in any event be operational not later than October 1, 2020. SECTION 15. For an election held on or before December 31, 2020, any person taking precaution related to COVID-19 in response to a declared state of emergency or from guidance from a medical professional, local or state health official or any 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 22 of 24 civil authority shall be deemed to be unable by reason of physical disability to cast their vote in person at a polling location. SECTION 16. Notwithstanding sections 25B and 89 of chapter 54 of the General Laws or any other general or special law to the contrary, applications for early and absentee ballots for all elections held on or before December 31, 2020 shall be acceptable if they are signed or submitted electronically; provided, however, that any electronic signature shall be written in substantially the same manner as a handwritten signature. SECTION 17. Notwithstanding any other general or special law to the contrary, subsection (c) of section 91B of chapter 54 of the General Laws shall apply to voters who have been instructed by a medical professional or a local or state health official to self-quarantine in their home beginning after noon on the seventh day before the any election held on or before December 31, 2020. SECTION 18. Notwithstanding sections 26 and 28 of chapter 51 of the General Laws or any other general or special law to the contrary, the last day to register to vote for any election taking place on or before December 31, 2020 shall be 10 days before the date of such election; provided, however, that the board of registrars shall hold a registration session on that date not less than from 2:00 P.M. to 4:00 P.M. and from 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 23 of 24 7:00 P.M. to 8:00 P.M. The voting list to be used for any such election shall include all eligible voters registered as of that date. shall promulgate SECTION 19. The state secretary emergency regulations for the administration and enforcement of this act including, after consulting with the commissioner of the department of public health, regulations requiring public health safeguards at early voting sites and polling places, including required distancing of voters and election officers, frequent use of sanitizers, personal protective equipment and use of marking pens. SECTION 20. Not later than July 15, 2020, the state secretary shall: (i) promulgate regulations for electronic poll books required by section 331 of chapter 54 of the General Laws; and (ii) certify 1 or more types of electronic poll books in time to be used in the 2020 state primary and the general elections, and all future elections, under said section 331 of said chapter 54. SECTION 21. The state secretary shall report to the house and senate committees on ways and means and the joint committee on election laws not later than July 1, 2021 on the costs to implement this act, including, but not limited to: (i) the number of ballot applications with postage guaranteed mailed to voters; (ii) the number of ballot applications with postage 7/23/2020 https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115
Session Law - Acts of 2020 Chapter 115 Page 24 of 24 guaranteed returned requesting a ballot; (ill) the total number of ballots cast by mail; and (iv) total cost and amounts paid for using federal funds. SECTION 22. The state secretary shall report to the house and senate committees on ways and means and the joint committee on election laws not later than 12 months after the enactment of this act on how the state secretary can make voting more accessible for voters with disabilities, specifically through online voting options. SECTION 23. Section 109A of chapter 54 of the General Laws shall apply to ballots cast in the November 3, 2020 general election. SECTION 24. The state secretary shall conduct a public awareness campaign to inform voters throughout the commonwealth of the provisions of this act, including, but not limited to, measures to promote public awareness of expanded early voting options in the 2020 primary and general elections and the requirements and procedures for early voting by mail, including, but not limited to, information related to the ability of a voter who requests but does not return an early voting by mail ballot to vote in person on election day. Approved, July 6, 2020. https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter115 7/23/2020
950CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH 950 CMR 51.00: POLLING PLACE ACCESSIBILITY FOR ELDERLY AND HANDICAPPED VOTERS Section 51.01: Purpose Accessibility Defined 51.02: Exemptions 51.03: 51.01: Purpose 950 CMR 51.00 implements the federal Voting Accessibility for the Elderly and Handicapped Act, 42 USC 51.02: Accessibility Defined (1) Site Access. A clear, reasonably lit, unobstructed path of travel must be provided from the designated spaces in the parking lot, and from the street, to the accessible entrance to the building where the polling place is located. Such path of travel shall have a continuous common surface, not interrupted by steps o abrupt changes in level greater than 1/2 inch. (2) Parking. If a parking lot is available on the premises of the polling place, then the following requirements apply: (a) Pursuant to the Americans With Disabilities Act (ADA) Accessibility Guidelines (4.1.2 (5)), the number of required handicapped parking spaces is: Total No. of Parking Spaces No. of Handicapped Required 1-25 2 26 - 50 3 51 - 75 76 - 100 5 101 - 150 151 - 200 201 - 300 8 301 - 400 401 - 500 9 2% of total 510 - 1,000 20 plus 1 for each 100 over 1,000 1,001 and over (b) For parking lots striped prior to September 1, 1996: 1. The handicapped parking spaces shall be eight feet wide and have an adjacent four foot access aisle which is painted or striped yellow. The lot shall be reasonably lit. 2. Identification of handicapped spaces shall be by a sign at each space or pair of spaces. The signs shall be at a height of not less than five feet nor more than eight feet to the top of the sign. The sign shall also contain the International Symbol of Accessibility and may include wording identifying its use. (c) For parking lots striped after September 1, 1996: 1. The handicapped parking spaces shall be eight feet wide and have an adjacent five foot access aisle which is marked by high contrast painted lines or other high contrast delineation. The lot shall be reasonably lit. 950 CMR - 169 4/3/09 (Effective 2/3/09)
950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH continued 51.02: 2. There shall be at least one "van accessible" space, but not less than one, per eight accessible spaces. The van accessible space shall be eight feet wide and have an adjacent eight foot wide access aisle which is marked by high contrast painted lines or other high contrast delineation. The lot shall be reasonably lit. 3. Identification of handicapped spaces shall be by a sign at each space or pair of spaces. The signs shall be at a height of not less than five feet nor more than eight feet to the top of the sign. The sign shall also contain the International Symbol of Accessibility and may include wording identifying its use. Van accessible spaces shall include the words "Van Accessible." (d) If a sidewalk is provided at such parking spaces, a curb cut (sidewalk ramp) shall be installed at each space or pair of spaces. The slope of the curb cut shall not exceed 1:12. (e) If no parking lot is available on the premises of the polling place, at least one on-street parking place in front of the polling place must be at least temporarily designated as a handicapped parking space. Identification of the handicapped space shall be by the sign provided in 950 CMR 51.02(2)(c)3. (3) Entrance. (a) At least one entrance to the building must be accessible to physically disabled persons. If the nain entrance to the building is not accessible, signs must be posted directing persons from the 1. If the main entrance to the building is not accessible, the path of travel to the accessible entrance shall be the same or a substantially similar distance as the path of travel to the 2. If the main entrance is not the accessible entrance, the door to the accessible entrance shall be unlocked and capable of being operated without assistance during the hours th polling place is open and at the same hours as the main entrance b) The approach to the accessible entrance shall be a paved walk or ramp with a non-slip surfac ninterrupted by steps or abrupt changes in level greater than 1/2 inch. Such entrance shall have level space 60 inches from the door on the interior and exterior of the doors. (c) Doors to such entrances shall be a minimum of 32 inches clear, measured at 90°. No door threshold shall be higher than 1/2 inch above the floor on either side. Lever handles or other accessible hardware must be provided on doors, so that they may be operated with a closed fist. (4) Ramps. (a) If the entrance has stairs, a ramp must be provided. A permanent ramp must comply with the 1. The slope of the ramp must be no steeper than 1:12. 2. The width of the ramp shall not be less than 48 inches 3. Two pairs of handrails must be set on both sides of the ramp. Such handrails must be round or oval in shape and set in pairs, one at a height between 34 and 38 inches and a (b) If it is impractical to install a permanent ramp, portable ramps shall be provided. Portable ramps shall have a slope as close to 1:12 as possible, and if a portable ramp has no handrails or side walls, it must have wheel guards at least two inches high on both sides. Portable ramps may be used to gain access from the parking lot or street to the sidewalk as well as at the entrance to a building (5) Building Interior. (a) All interior doors, approaches, and ramps necessary within the building to obtain access to the polling place must comply with 950 CMR 51.02(3) and (4). (b) An accessible route which provides a continuous unobstructed path at least 36 inches wide shal be maintained inside the polling place and shall coincide with the route for the general public 4/3/09 (Effective 2/3/09) 950 CMR - 170
950CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH continued 51.02: (6) Voting Equipment. (a) For every state, federal, municipal election, preliminary or primary, either regular or special, each polling place shall have at least one accessible voting unit that is usable by people with disabilities. Any accessible voting unit must first be approved for use by the state secretary. Accessible voting units shall be located within a polling place so as to be readily available for use by voters during the voting hours. (b) In every polling place, a specimen ballot must be posted at a height no greater than 48 inches. (c) Where paper or punch-card ballots are used, at least one marking shelf at each polling place (at a primary where punch-card booklets are used, one for each party) must provide clear space under the shelf not less than 30 inches wide, at least 27 inches clear to the underside of the shelf, and not more than 32 inches in height to the top of the shelf, and must contain privacy barriers on both sides of the shelf. For this special marking shelf, the handle of any stylus used for punching punch- card ballots shall be at least one inch thick and at least three inches long. (d) Where voting machines are used, a specimen ballot must be placed in at least one machine at each polling place, at a height no greater than 48 inches. For voting machines which have any levers higher than 48 inches above the floor, a "reacher" must be made available to assist disabled persons in reaching the upper levers. (7) Variances. A city or town may apply to the Architectural Access Board, under 521 CMR 3.00(4.1.1), for a variance from the accessibility requirements of 950CMR 51.02 or, to the extent that they apply to any polling place, from the requirements of the Architectural Access Board's regulations in 521 CMR 3.00. Notice of an application for any such variance shall be given in the manner required by 950 CMR 51.03(4)(b), and shall also be given to the Director of Elections. No such variance shall be allowed which (8) Time Accessibility Required. All non-exempt polling places must be accessible no later than three weeks before the first federal election of an even-numbered year. 51.03: Exemptions (1) Delegation to Director of Elections. The Secretary delegates to the Director of Elections (the Director) the authority to determine whether a polling place is exempt from the accessibility requirements under 42 U.S.C. 1973ee-1(b), § 3(b), and under 950 CMR 51.03. (2) Emergency Exemptions. In an emergency under 42 U.S.C. 1973ec-1(b)(1), § 3(b)(1), an exemption may be applied for and determined by telephone, but both the city or town and the Director shall confirm their Mere failure of the city or town to make adequate and timely plans and communications in writing. arrangements does not constitute an emergency. If an exemption is allowed, it applies only to one election, and the city or town must exercise its best efforts to find another accessible polling place, and if none is available, to provide whatever assistance is possible to handicapped and elderly voters. If an emergency exemption is allowed, handicapped or elderly voters assigned to such an emergency exempt polling place may vote by absentee ballot in the office of the city or town clerk or election commission without applying in advance. The procedures set forth in the second paragraph of M.G.L. c. 51, § 59 shall apply to such voters except that the absentee ballot envelope shall be marked "Emergency Polling Place Exemption" 3) Non-availability Exemptions: Standards. In determining under 42 U.S.C. 1973ce-1(b)(2)(A), (b)(2)(A). that all potential places have been surveved and that no accessible place is available, nor is th city or town able to make one temporarily accessible in the area involved, the Director shall consider the following factors: (a) Whether each location has been studied by a trained person to determine whether or not it is accessible. 950 CMR - 171 4/3/09 (Effective 2/3/09)
950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH continued 51.03: 1. Polling places should not be presumed to be accessible simply because there are no obvious barriers, but 950 CMR 51.02 must be applied. 2. A trained person is one with knowledge of what constitute structural barriers to handicapped individuals. 3. Handicapped persons, representatives of handicap groups or professionals who work with handicapped individuals should be consulted. 4. If a location is inaccessible, then the city or town should either seek an alternative accessible location or seek to have the barriers removed. (b) Whether the owners or proprietors of the building have been consulted regarding the modifications. If the owners or proprietors are unwilling to make the modifications, then an alternative location should be sought. Possible locations include those which are currently accessible and those where the owners or proprietors are willing to make necessary modifications. (c) Whether an estimate of the cost to make the modifications has been obtained from a qualified person (construction contractor, carpenter), and whether different options for removing the barriers have been explored (e.g., temporary ramps). accessible. (e) The record of the city or town's percentage of polling places in compliance in the past. (f) The city or town's expressed plans for providing an accessible polling place in the future. (4) Non-availability Exemptions: Procedure. (a) The city or town body responsible for selecting polling places under M.G.L. c. 54, § 24 (city council, board of selectmen, or election commission) must apply in writing for any exemption under section 3(b)(2) of the Act, 42 U.S.C. § 1973ee-1(b)(2). The application must be filed with the Director of Elections, under the penalties of perjury and in a form prescribed by him, not later than 180 days before the first federal election of an even-numbered year. (b) Not later than the application deadline, the city or town must give notice that it has applied for the exemption, by posting notice on the principal bulletin board, sending copies to all local news media, and mailing copies to the local council on aging, to any municipal handicapped office or commission, to the state Office of Handicapped Affairs (One Ashburton Place, Room 1305, Boston, MA 02108), and to any additional organizations which the Director may prescribe. The notice shall state the designation and address of the polling place or places for which exemption is sought, the reasons for the application, the location at which a copy of the application may be inspected, and the fact that any person may file a written response within 30 days with the state Director of Elections, One Ashburton Place, Room 1705, Boston, MA 02108, telephone (617) 727- 2828 or [phone removed]. (c) Any person may file with the Director a written response to an exemption application within 30 days after it is filed. (d) The Director may, in his discretion, seek further information from the city or town or hold an informal hearing before himself or his designee. (e) Not later than 90 days before the first federal election of an even-numbered year, the Director shall notify the city or town in writing whether an exemption is allowed and of the reasons for the decision. The period of an exemption shall be two calendar years, beginning with an even- numbered year. Renewal of the exemption requires a new application. (5) Alternative Voting Methods. As required by section 3(b)(2)(B) of the Act, 42 U.S.C. § 1973ee-1 (b)(2)(B), landicapped or elderly voters assigned to an exempt polling place may vote by absentee ballot, either by mai or in the office of the city or town clerk or election commission, if they previously apply in writing, unde M.G.L. c. 54, 88 86 through 103Q. Current state law prevents assigning such voters to another polling place, as well as "curbside voting" outside the polling place on election day. REGULATORY AUTHORITY 950 CMR 51.00: 42 USC §§ 1973ee to 1973ee-6; c.54, § 37. 950 CMR - 172 4/3/09 (Effective 2/3/09)