2011.Municipal.election

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The Commonwealth of MassachusettsWilliam Francis Galvin, Secretary of the Commonwealth

Elections Division

M E M O R A N D U M

TO: Local Election Officials

FROM: Elections Division

DATE: November 3, 2011

RE: November 8, 2011 Municipal Election: Election Day Summary________________________________________________________________________________________________________________________________

As the November 8th, municipal elections are rapidly approaching, we wanted toprovide you some reminders regarding election day procedures and activities.

Public Examination of the Voting Equipment

The voting equipment must be examined immediately before it is used for votingas required by 950 C.M.R. 54.13. The polling place must be open to permitpublic inspection of the voting equipment and the test results of the scanning

equipment at least one half hour before the polls are set to open. G. L. c. 54, 35; 950 C.M.R. 54.13(c).

The election officers must cause the ballot box to be publicly opened, andthereafter demonstrate that the ballot box is empty. G. L. c. 54, 66.Immediately following this demonstration, the ballot box shall be locked, and thekey given to the police person detailed to that precinct.

Election Officers

As you are aware, pursuant to 950 C.M.R. 54.01(1), each precinct at which

electronic voting equipment is used must have assigned to it a warden, clerk andat least four inspectors. Two inspectors must be assigned to the check-in tableand two inspectors must be assigned to the check-out table. See 950 C.M.R. 54.01(5) (general duties of inspectors).

Additionally, a police officer or constable, must be present at each pollinglocation pursuant to statute. G. L. c. 54, 72. The entity in charge of the policeforce of each municipality must detail a sufficient number of police officers or

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constables for each polling place at every election to preserve order and toprotect the election officers and supervisors from any interference with theirduties and to aid in enforcing the laws relating to elections. G. L. c. 54, 74. Inaddition, pursuant to G. L. c. 54, 75, election officers must report to the policeofficer violations of chapter 54, sections 65 to 85, and the police officer or

constable shall cause the offender to be prosecuted. G. L. c. 54, 75.

We highly recommend ensuring that you have back-up poll workers in casesome that you have assigned are unable to work on Election Day.

Polling Place Set Up

Prior to the opening of the polls on Election Day, each municipality must ensurethat each polling location is set up properly and meets the accessibilityrequirements set forth in state regulation.

The check in table needs to be placed outside the guardrail, in an area thatallows the voters to easily access the table. Please remember that secrecysleeves need to be provided to eachvoter. 950 C.M.R. 54.04(8). The checkout table needs to be set up to allow the voter, before they deposit their ballot inthe ballot box, to again give their name to an election official who will find it onthe check out voters list. G. L. c. 54, 83; 950 C.M.R. 54.04(13). Accordingly,the check-out table must be placed immediately next to the optical scanningmachine or ballot box.

Each municipality must provide a sufficient number of marking shelves orcompartments where voters may privately mark their paper ballots. G. L. c. 54, 25. Also, at least one marking unit per precinct must be handicapped accessible.950 C.M.R. 51.02(6)(b). Also, you must have at least one AutoMARK VoterAssist Terminal in each polling place.

Additionally, you must publicly display certain information at each polling location,outside of the guard rail. G. L. c. 54, 48. Specifically, each polling locationmust have the following information posted: three specimen ballots; threeInstructions to Voters cards; three Penalties Upon Voters cards; and threeVoters Bill of Rights. (The last 3 are in a tri-fold). 950 C.M.R. 52.02(4); 950C.M.R. 54.03(5). You must also be sure to post the provisional ballotinformation.

Remember that at least one specimen ballot must be posted at a height nogreater than 48 inches!

Other signage that many clerks have started to post include Please turn off cellphones at the entrance to the polling place and Only the voter may insert theirballot into the ballot box at the check-out table.

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Accessibility of Polling Places

Please note that all polling locations must remain accessible in accordance withstate regulation. 950 C.M.R. 51.00.

Also, as noted above, each polling place must have at least one AutoMARKVoter Assist Terminal available. The AutoMARK must be set up to provide thevoter with the most privacy as possible. This Office has supplied eachmunicipality with both tables to place the AutoMARK on and privacy shields toplace around the AutoMARK. Please make sure that the AutoMARK ispositioned to give the voter the same level of privacy as all other voters.

The AutoMARK must be available for use during the voting hours. You mustensure that it is turned on and that the headphones are with the unit. Before thepolls open, the poll workers should test a ballot in the AutoMARK to ensure it isworking properly. After marking the ballot, it should be spoiled by writing the

word spoiled across it and putting it into the spoiled ballot envelope. This shouldbe noted in the clerks record book as well.

Check-In Process: Active v. Inactive

When the voter arrives at the polling location, they must state their name andaddress to the poll worker who must repeat the name and then look for it on theofficial lists of active and inactive voters. G. L. c. 51, 37; G. L. c. 51, 60.Once found, the poll worker repeats the name and address, loudly and clearly,and then makes a check mark next to the name to indicate that the person hasarrived to vote. G. L. c. 54, 76. Thereafter, the poll worker hands the voter aballot and a secrecy sleeve.

This process is different for inactive voters. When an inactive voter appears tovote the poll worker may need to consult with the warden for the inactive voterslist. Additionally, all inactive voters must complete and sign the Affirmation ofCurrent and Continuous Residence. The completed Affirmation must beattached to and is considered part of the voting list. G. L. c. 51, 59. 950C.M.R. 54.04(6)(a). The Affirmation can be found in your city/town home folderon your VRIS computer.

Additionally, all inactive voters must be asked for identification and if they fail topresent such identification, the inactive voters ballot must be challenged. Seebelow for more information on challenged ballots.

If an inactive voter has moved within the municipality, they must still be allowedto vote. However, the inactive voter must vote at the polling place thatcorresponds to the address that appears on the voting list. Such voters mustalso complete and sign the Affirmation of Current and Continuous Residence.On the Affirmation, they must indicate their current and previous address.

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After the election, if the voter has moved within the city or town, the voter isrestored to the active voting list at his or her current address, without requiringfurther action by the person. 950 C.M.R. 54.04(6)(b).

Identification

Certain voters may be required to show identification. In addition to inactivevoters as described above, a voter who registered by mail on or after January2003, and who has not registered previously in Massachusetts, whoseidentification number on their registration form could not be verified and who didnot provide a copy of their ID when they registered will need to showidentification. Valid Identification must contain name and address as registered,such as a drivers license, bank statement, government check, utility bill, rentreceipt on landlords letterhead, etc. If a voter is flagged on the voter list to showidentification and they do not have identification with them, they must cast aprovisional ballot.

Provisional Ballots

A provisional ballot should be offered to any person claiming the right to votewhose name is not listed on the voting list, claims a listing error, or any voter whois flagged to show identification, but does not. This includes all persons wantingto vote who have NOT fulfilled their HAVA ID requirements as noted above.These voters must complete the Provisional Ballot Affirmation. Anyprovisional voter must present ID by the close of polls on Election Day for thatballot to count. The provisional ballot paperwork and step by step instructionscan be found in your city/town home folder on your VRIS computer.

A voter casting a provisional ballot must complete the Provisional BallotAffirmation. After the voter completes the Affirmation, ask the voter foridentification. Even if the voter does not provide identification, the voter must beallowed to cast a provisional ballot. The voter should be given a ProvisionalBallot Information Sheet, a ballot and a provisional ballot envelope. The pollworker must write the word Provisional on the top of the ballot in the middle andwrite the provisional ballot number, ward and precinct on the Information Sheetand Ballot Envelope.

The voter should be instructed to complete their ballot and then seal it in the

envelope after they complete voting on it and then proceed to check-out. Atcheck-out, the poll worker should make sure that the sealed ballot envelope isstored in a secure area. Completed provisional ballots sealed in their envelopesshould be kept in the same manner as spoiled ballotswith the warden.

The poll workers should keep the completed Affirmation at the check-in table andcomplete the Provisional Voting Roster with the voters name, address, date of

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birth, political party and ballot number as well as the reason code. TheProvisional Voting Roster becomes part of the Clerks Record.

The provisional ballot envelopes, provisional ballot affirmations and provisionalballot roster must be kept separate from all other ballots and supplies and

returned to the municipal election official. They should not be sealed with otherelection materials. The information on the provisional ballot affirmation androster will be needed to conduct the investigation into the qualifications of thevoter. The local election official makes the determination as to whether to countthe provisional ballot. This depends on the reason for casting a provisional ballotand the results of your investigation into the qualifications of the person.

It appears that some local election officials submit RMV inquiries for any personwho completes a provisional ballot. Before submitting an RMV inquiry, you mustfirst research your own voter registration records to see if the person is listed atanother address, was deleted, etc.

Absentee Voters Voting in Person

A voter noted as AV on the voting list can appear and vote in person at the pollsif their absentee ballot has not yet been processed at the polls. If the absenteevoter appears at the polls and their name is not yet checked as voted, acertificate is issued and signed by the presiding officer, with the name, addressand political party, if any, of the voter which allows them to vote in person. Thecertificate is attached to and considered part of the voting list. The capital letterC should then be placed next to the voters name, and the certificate should beattached to the voter list and be maintained as part thereof. This form can befound in your city/town home folder on VRIS under Absentee Forms.

When the warden later comes across that individuals absentee ballot, thewarden must mark across the face of the envelope, Rejected as Voted inPerson, and the envelope must be preserved and destroyed in the mannerprovided by law for the retention, preservation and destruction of official ballots.G. L. c. 54, 100.

Assistance to Voters

A voter who informs the warden that from blindness or other physical disability orinability to read or to read in the English language that they are unable to preparetheir ballot or register their vote is entitled to receive assistance to do so. G. L.c. 54, 79. The voter may designate a person of their choice to assist them.

In the alternative, the voter can request that two election officers, one from eachmajor party, accompany them into the voting booth to assist in completing theirballot.

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The best option is to inform the voter about the AutoMARK and provide them withan opportunity to mark their ballot independently! See above for moreinformation on the AutoMARK Voter Assist Terminal.

Spoiled Ballots

A voter who makes a mistake in marking their ballot may request a new one. If avoter spoils a ballot, the voter may obtain two others, one at a time, uponreturning each spoiled one. A ballot that is spoiled by a voter is marked Spoiledand then sealed in an envelope without being examined. G. L. c. 54, 81. Theinformation should also be recorded in the clerks record book. In recent yearsweve received complaints that voters were provided with marked ballots. Uponfurther investigation, it was determined that the poll workers inadvertently handedthe voter a spoiled ballot that had not yet been put into the correct envelope.This can be easily avoided by having the poll workers write the word Spoiledimmediately upon having the ballot returned to them and put it into the spoiled

ballot envelope BEFORE providing the voter with a new ballot.

Ballot Box Too Full

If it becomes impossible to use the ballot box because it becomes too full, thepresiding officer, in the presence of a majority of the election officers, shall openand remove the ballots from the ballot box. G. L. c. 54, 66. The presidingofficer, without counting the ballots, may place them into convenient packagesand then place them in a sealed container. This container of ballots must thenbe placed securely next to the ballot box and remain in full view of the voters andelection officers throughout the day. The container should be clearly labeled andshould only be used for this purpose during the voting hours. You do NOT wantto put the ballots into a container that already contains unused ballots.

Voting Equipment Use

Please note that any program cards used on Election Day must have been testedduring your pre-election testing process as outlined above. You CANNOT havea new program card burned and installed on Election Day.

If your voting equipment malfunctions on Election Day, a new program cardand/or voting machine can only be used if it has been fully tested in the pre-election testing process as noted above. During the time that the votingequipment is down, voters must still be allowed to cast their ballots and shoulddeposit them in the auxiliary compartment. You cannot re-feed any ballotsthrough a new machine or with a new program card. Rather, you can only beginto use the new machine and any ballots cast/counted in the malfunctioningmachine must be hand-counted at the close of polls. Chapter 54, section 83 ofthe Massachusetts General Laws provides a particular procedure for the voter in

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depositing their ballot. After the voter deposits their ballot, to later remove it andre-feed it through a new machine would be in contravention of this state law.

Evacuation Procedures

Every polling place should have guidelines in place to maintain the integrity of theelectoral process in the case of an emergency. Such guidelines should includeprocesses for securing ballots being used by voters, the voting lists, unusedballots, and the voting equipment. The plan should include an alternate locationwhere the polls may be moved to in the event of an emergency and how voterswill be notified.

Observers(See Also Frequently Asked Questions Accompanying This Memo)

Observers must be allowed in the polling location, outside the guardrail, unlessthey are disorderly or obstruct the access of voters. 950 C.M.R. 54.04(22)(a).

Such observers may keep notes including marked voting lists (which they shouldhave requested prior to election day). The poll workers at the check in tablemust announce the names of the voters loud enough for the observers to hear.Observers should not request the names and addresses of voters directly fromthe voters or from the poll workers and should not interfere with the check inprocess in any way. Rather, the observers should be listening as the electionworkers request such information. Additionally, observers should be instructed toturn off cell phones and pagers.

The presiding officer, pursuant to their authority to maintain order and decorum inthe polling place, and to prevent interference with the voters, may determine thatthe number of observers, or their behavior, is disruptive. Should they sodetermine, the presiding officer may ask the candidates to pool the informationgathered by a smaller number of observers. 950 C.M.R. 54.04(22).

Observers cannot request the names and addresses of voters from the pollworkers or the voters directly. If they are unable to hear the names andaddresses as announced by the poll workers, they must speak with the warden.

An observer, like any other person, may challenge a ballot for any legal cause.

Challenging Ballots

Any person may challenge a voter for any legal cause. This includes challengingabsentee ballots. Such reasons are numerous and include that a person: is notwho they say they are; does not live where they say they live; is not registered inthe correct district; is not qualified to vote by absentee ballot; was not registeredto vote by the close of registration; is not a United States citizen; or has alreadycast a ballot. G. L. c. 54, 85, 85A; 950 C.M.R. 54.04(23).

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It is not sufficient for the challenger to simply say that a voter is not qualified; thechallenger must state the specific reason for challenging the right of a person tovote, and that specific reason must be recorded on the ballot. If a person makesa challenge for an unspecified reason, the election worker should thereafter ask

the challenger what specific reason they wish to have recorded. If, after being soquestioned by the election official, the challenger gives no specific reason, thevoter should be permitted to vote, and should not be considered a challengedvoter.

The ballot must be challenged during the check-in process and before the votermarks their ballot. Once the election officer is informed that a voters ballot isbeing challenged, the election officer must follow the steps in the General Lawsand Code of Massachusetts Regulations, which include issuing the challengedvoters oath and recording the name and address of the voter and the challenger.G. L. c. 54, 85.

When a challenge is made, the election official must record on the ballot thename and address of the voter and the name of the person challenging theballot, and the specific reason for the challenge. 950 C.M.R. 54.04(22)(challenge procedure for optical scanning ballots, write the information on theback of the ballot).

If an election officer determines that a challenge is not based upon a legalcause, the officer must reject the challenge and no information is recorded on theballot, itself but such information is still recorded in the clerks book. Thisincludes the name of the challenged voter and the name of the challenger, aswell as the stated reason for the challenge and the reason it was rejected.

150 Foot Rule

As you are aware, certain activities are prohibited within 150 feet of the pollinglocation. The 150-foot area includes the polling place, in the building where thepolling place is located, on the walls thereof, on the premises on which thebuilding stands, or within one hundred and fifty feet of the building entrancedoor to such polling place. G. L. c. 54, 65. The premises on which thebuilding stands is further defined to mean only the grounds in the immediatevicinity of the building, and does not include the entirety of a large parcel of realproperty. 950 C.M.R. 54.04(22)(c).

The following are prohibited within 150 feet of a polling location: the posting, exhibition, circulation, or distribution of material--including

pasters, stickers, posters, cards, handbills, placards, pictures or circulars--intended to influence the action of the voter; G. L. 54, 65.

the solicitation of votes for or against, or any other form of promotion oropposition of, any person or political party or position on a ballot question,

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to be voted on at the current election; 950 C.M.R. 52.03(22)(d);53.03(18)(d), 54.04(22)(d).

holding any campaign sign; handing any person literature intended toinfluence the voters action at the polls; wearing any campaign buttons oridentifying signage; soliciting a persons vote for or against a candidate or

question on the ballot; or, distributing stickers; gathering signatures on nomination papers or initiative petitions. G. L. c.

54, 65.

The presiding officer at the polling place enforces the various requirements of the150-foot rule. The police person or constable detailed to each polling placeprotects the election workers and aids in enforcing the laws relating to elections.Furthermore, the presiding officer at the polls may request that the police officertake into custody any person who by disorderly conduct interrupts or disturbs theproceedings of an election officer.

The clerk or warden of the polling place is vested with the authority andobligation to maintain peace, order, and decorum at the polls. G. L. c. 54, 71.Furthermore, the Code of Massachusetts Regulations requires that access topolling places must be open and unobstructed and the voters may not behindered. 950 C.M.R. 54.04(22)(c). The clerk or warden, pursuant to bothstatutory and regulatory authority, has significant discretion in determining whathe or she believes amounts to a disturbance, an obstruction in access to thepolling place, or a hindrance to the voters.

Also, remember that voters can bring in materials to assist them in the votingprocess, including campaign literature from a candidate or ballot question

committee. They just cannot display this information publicly and instead shouldbe asked to act discreetly.

It is also imperative that the election officers sweep the voting booths to makesure that voters have not left any materials behind.

Exit Polling

Exit polling is allowed within 150 feet on Election Day. However, an exit pollstermay not interfere with a person on his way to an election, nor may an exit pollsterdisturb the peace, order, or decorum at the polls. G. L. c. 56, 29; G. L. c. 54,

71. Please remember that persons conducting exit polls may remain within 150feet of the polling location for the purpose of exit polling.

Voter in Line at the Close of Polls

Any voters in line at the time set for the closing of the polls must be allowed tovote. At the time of the closing of the polls, the police officer or other qualified

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person must be stationed at the end of the line of persons waiting to vote toensure that no other voters are allowed to vote. G. L. c. 54, 70.

Closing the Polls

The polls must close at the designated time. The public must be allowed toobserve the closing process from behind the guardrail. G. L. c. 54, 70. Onlyelection officers may participate in the actual process of counting and sealing thevoting materials.

The following counts must be made after the polls close: The clerk must record the final number on the ballot box register. G. L. c.

54, 105, 105A. A count must be made of the voters on both the check in and check out

lists. The number of provisional ballots cast, if any.

The number of spoiled ballots, if any. Number of used ballots. Number of unused ballots.

Sealing Voting Materials

The following items must be sealed at the polling place beforebeing returned tocity or town hall: Voting list (which should be sealed separately from other materials); Provisional ballot envelopes; Used ballots; Unused ballots; Tally sheets (in a separate envelope and signed by the warden and clerk).

All materials should be returned back to the city or town hallno voting materialsshould be left at the polling place.

Election Results

Please remember that for city elections, you cannot declare the results officialuntil the time for filing a petition for a recount has expired. G. L. c. 54, 137.Additionally, UOCAVA voters have an extra ten (10) days to return their absenteeballots as long as they are postmarked on or before election day. G. L. c 54, 89.

Please do not hesitate to contact the Elections Division with additional questions.

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2011.Municipal.election

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