Search ▸ Agenda item attachment
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
⚠ 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)