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Chelsea Collaborative v. Galvin

Superior Court of Massachusetts, Suffolk

July 24, 2017

Chelsea Collaborative et al.
v.
William F. Galvin et al

          Filed July 25, 2017

          FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

          Douglas H. Wilkins, Associate Justice.

          MASS. CONST. amend. art. III (" art. III") dictates that citizens who meet certain qualifications " shall be entitled to vote." This case challenges the Massachusetts statutes which, taken together, prohibit otherwise-qualified citizens from voting unless they register to vote at least twenty days before the election (" 20-day deadline" or " registration cutoff"). G.L.c. 51, § § 1, 1F, 26, 34. The 20-day deadline appears nowhere in the Massachusetts Constitution.

         More than two decades of significant technological change have passed since the Legislature adopted the 20-day deadline. See St. 1996, c. 454, § 7; St. 1993, c. 475, § 6. Now, with " early voting, " all registered voters may cast a ballot just 5 days after the registration cutoff. St. 2014, c. 111. By election day, the Commonwealth's voter registration data base already includes the names of thousands of late-registered voters. As a practical and technological matter, those people could vote in the ordinary course. But the 20-day deadline compels officials to use a program that actually excludes their names from the final voter printout. These and other developments call into question any rationale for denying any qualified citizen the right to vote on account of the 20-day deadline.

         After considering the facts and the law presented at trial, the Court concludes that the Legislature lacks constitutional authority to enact additional voter qualifications. The Legislature may pass laws that are necessary to ensure voters' qualifications of voters or to ensure election security and order. The evidence overwhelmingly shows no such necessity for the Massachusetts registration cutoff. Therefore, disenfranchising a qualified citizen because he or she did not register at least 20 days before the election exceeds the bounds of Legislature's authority and violates the Massachusetts Constitution. Enforcing the Constitution here is not a judicial " policy choice, " as the Commonwealth contends.[1] Rather, the Court simply applies the basic rule of our constitutional democracy that, in cases of conflict, a statute (the 20-day deadline), must yield to the higher commands of the Massachusetts Constitution.

         BACKGROUND

         I. PROCEDURAL HISTORY

         Along with the organizational plaintiffs, Chelsea Collaborative and MASSVote, Inc., three original individual plaintiffs, Edma Ortiz, Wilyeliz Nazario Leon and Rafael Sanchez (" plaintiffs") brought this action against the Secretary of the Commonwealth (" Secretary") and the Cities of Chelsea, Revere and Somerville (" Municipal Defendants") for declaratory relief on November 1, 2016. The complaint sought a preliminary injunction allowing the three individual plaintiffs to vote in the November 2016 election.

         After hearing on November 7, 2016, the Court issued a preliminary injunction ordering the municipal defendants to accept provisional ballots from the individual plaintiffs. On November 17, 2016, the parties filed a Joint Motion to Modify the Court's November 7, 2016 Preliminary Injunction, which the Court allowed in an order requiring the local election official defendants to count the individual plaintiffs' provisional ballots. Later, by agreement, former plaintiff Wilyeliz Nazario Leon was dismissed voluntarily from this case. Shortly before trial, former plaintiff Edma Ortiz was dismissed from the case for lack of an actual controversy, because it turned out that, although the local election officials believed her ineligible, she was actually a specially qualified voter. Because her plane to Logan International Airport on October 19, 2016 was delayed for some hours in landing, she was absent from Massachusetts for more than 7 days prior to 8:00 p.m. on October 19. No one picked up on this arcane aspect of the law until after the election.

         Although the 2016 election has passed, the parties and Court all agree an exception to the mootness doctrine applies, because the complaint raises issues that are capable of repetition but will evade review. See First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765, 774-75, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978) (passage of the 1976 election did not preclude resolution of elections dispute thereafter). See generally Blake v. Massachusetts Parole Board, 369 Mass. 701, 708, 341 N.E.2d 902 (1976).

         The Court recognized that the pendency of this case, and the precedent of preliminary injunctive relief in 2016, might cause complications in the 2018 elections cycle unless the Legislature or Supreme Judicial Court definitively resolves the issues soon. Therefore, the Court ordered expedited pretrial proceedings and an early trial date of July 5, 2017. See Mass.R.Civ.P. 57 (the " court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar"). The parties submitted trial briefs at the final pretrial conference on June 28, 2017. See Plaintiffs' Pre-trial Memorandum of Law and Proposed Conclusions of Law (" Pl. Mem."); Secretary of the Commonwealth's Memorandum of Law (" Comm. Mem."). During and after the trial, the parties submitted additional written legal arguments. Secretary of the Commonwealth's Supplemental Memorandum of Law, dated July 10, 2017 (" Comm. Supp. Mem."); Letter dated July 10, 2017 from plaintiffs' counsel addressing the Kinneen case; and the Plaintiffs' Post-trial Letter dated July 17, 2017.

         The Court conducted the trial without a jury on July 5, 6, 7 and 10, 2017. It received and accepted an amicus submission from the Massachusetts Town Clerks' Association on July 13, 2017 and supplemental filings, including motions to strike trial testimony, on July 17, 2017.

         II. UNDISPUTED FACTS

         The Court accepts and finds the following facts (and the facts concerning the parties set forth in Appendix C), which are established beyond any substantial dispute by the parties' pretrial filings, with minor modifications by the Court (reflected in language included in brackets below) resolving some minor disputes. For this purpose, the Court has treated as undisputed all proposed facts that a party disputed as to relevance only, after overruling the relevance objections. In any event, after hearing the evidence, the Court finds as fact all those proposed facts set forth below that were disputed only as to relevance.

         The paragraph numbers in this section of the Court's memorandum are non-sequential, because this Memorandum retains the original numbering of the parties' submission and omits the proposed facts that are disputed.

         A. Plaintiffs' Undisputed Facts

         i. Voter Registration in Massachusetts

         6. Eligible Massachusetts citizens may register to vote by (a) mailing or hand-delivering a voter registration affidavit to local election officials, [2] (b) submitting a voter registration affidavit in person at a voter registration agency, (c) in person at the Registry of Motor Vehicles (" RMV"), (d) online through the RMV, or (e) by submitting the voter registration affidavit online through the Secretary of the Commonwealth's website. 950 CMR 57.04-57.07.

         7. Massachusetts does not permit its citizens to register (or re-register) to vote on Election Day and then cast a ballot based on that newly submitted registration information on the same day. 950 CMR 57.04-57.07.

         9. Upon successfully registering, a citizen is added to the annual register of voters in his or her city or town. G.L.c. 51, § 46.

         12. Local election officials are responsible for processing voter registration applications. 950 CMR 58.01.

         13. Massachusetts uses a computer database to maintain and track voter registration information. This system is known as the Voter Registration Information System (" VRIS").

         14. The office of the Secretary of the Commonwealth (" Secretary") maintains VRIS and provides technical support for its use.

         16. VRIS serves several functions. [Among other things, ] VRIS is used to input, store, and look up voter information; to send " queues" of electronic voter registration applications from the Secretary of the Commonwealth (" Secretary") to each city or town for processing; to print voter lists for early voting, primaries, and elections; to notate early voters and absentee voters ahead of an election day; to send certified election results to the Secretary; and to store information sourced from Annual Street Listings.

         ii. Mail-In Registration or In-Person at the Local Election Office

         17. The forms used for voter registrations mailed to a local election official and the forms used for in-person registrations at a local election official's office are substantively the same.

         18. Upon receiving an in-person or mail-in registration form, a local election official typically time-stamps the form.

         iii. In-Person Registration at a Voter Registration Agency or at the Registry of Motor Vehicles

         20. Massachusetts citizens seeking to register to vote (" applicants") may complete voter registration affidavits at a voter registration agency, such as military recruitment offices or state agencies that provide public assistance or assistance to people with disabilities (e.g., Department of Transitional Assistance, Department of Mental Health, and Department of Developmental Services). 950 CMR 57.05(3)(a).

         22. The effective date of an in-person registration at a voter registration agency is the day that an individual completes the signed affidavit of registration at the agency. 950 CMR 57.05(4)(f).

         23. Applicants may also complete voter registration affidavits at the RMV. 950 CMR 57.06.

         25. The effective date of a registration submitted in-person at the RMV is the time a signed affidavit of registration is completed at the RMV. 950 CMR 57.06(4)(f).

         iv. Online Voter Registration

         26. Online voter registration was enacted in the Commonwealth in 2014 and implemented in 2015.

         27. Since 2015, voters who have a RMV ID, such as a driver's license, may register to vote online by completing an online affidavit of registration available at the Secretary's website.

         29. To [apply to] register online through the Secretary's website, a registrant must enter her driver's license or state ID number, first and last name, and date of birth. This information is verified electronically and matched with a signature on file with the RMV before the voter is given access to the online voter registration form. If no match is found in the online system, the applicant must print, sign, and deliver the application to the local election official in order to complete the registration process. The online voting registration form has fields for mailing address, residential address, political party affiliation, telephone number, and the last address where the registrant was registered to vote.

         30. Following a match between an online registrant's information and a signature on file and completion of the online form, the online voter registration system electronically transmits the online registration to the appropriate local election official's as an entry in the " pending for certification" queue within VRIS. G.L.c. 51, § 33A.

         31. Applicants may also complete online voter registration applications during an online transaction with the RMV. 950 CMR 57.07. For online applications, the RMV must electronically transmit the voter registration application [information] to the Secretary's central voter registry within five days. 950 CMR 57.07(3). These applications then follow the same steps as online registrations through the Secretary's website, and are electronically transmitted to the local election official via VRIS. 950 CRM 57.07(3).

         32. An online registration is effective as of the time it is completed. 950 CMR 57.07(4)(f).

         v. Local Election Officials' Responsibilities in Processing Registration Applications

         33. Upon receipt of an application for registration, local election officials check the application for completeness.

         35. The mail-in voter registration form produced by the Secretary contains 14 sequentially numbered fields, but not all of the numbered fields are necessary for the application to be deemed complete. The following fields are not necessary for the application to be deemed complete: 3 (" former name"); 5 (" address where you receive all your mail"); 8 (" telephone"); 9 (" Party enrollment or designation"); 10 (" address at which you were last registered to vote"); and 13 (" Today's date"). Fields 11 (name of person assisting if applicant cannot sign) and 14 (signature) are mutually exclusive alternatives, and only one must be completed. Field 12 is the text of an affirmation; the applicant does not do anything inside field 12.

         37. For online registrations, a local election official does not manually type voter registration information into VRIS. Instead, the local election official processes records transmitted to the official appearing in the VRIS " pending for certification" queue by confirming that the information is in the correct format and selecting a button in VRIS to certify the voter. The local election official can correct information submitted online, such as the format of the registrant's address. Certifying the voter results in the registrant moving from the pending queue to the " actual registered voter" category.

         40. After processing a registration, a local election official must then send an acknowledgment notice to the registrant that certifies receipt of the completed affidavit and notifies the applicant of the disposition of the affidavit. 950 CMR 57.04(3)(j), 57.05(4)(b), 57.06(4)(b), 57.07(4)(b).

         41. If the voter registration affidavit is incomplete or otherwise deficient, the local election officials must notify the applicant orally or in writing and provide the applicant an opportunity to remedy the defect. 950 CMR 57.04(3)(d).

         vi. Massachusetts Early Voting Law

         44. In Massachusetts, early voting was [enacted by St. 2014, c. 111 and] implemented for the first time during the November 2016 [statewide biennial] election.

         45. Under the early voting law, qualified voters who registered to vote before the [20-day deadline] are permitted to vote before Election Day, either in person or by mail in the city or town in which they are registered to vote. [T]here is no numerical cap on the number of voters who may vote early in any given election.

         46. Early voting begins 11 business days before a biennial election and ends at the close of business on the business day preceding the business day before the election. 950 CMR 47.03. For the November 2016 election, early voting began on October 24, 2016, five days after the statutory voter registration deadline of October 19, 2016.

         47. The last day of early voting for the November 8, 2016 election was Friday, November 4, 2016.

         48. By statute, each city or town must establish at least one early voting site, which must include the city or town election office unless the office is unavailable or unsuitable. G.L.c. 54, § 25B. Early voting must be conducted during regular business hours throughout the early voting period.

         49. In addition to the statutorily mandated locations and periods, for the November 2016 election, Boston, Lowell, and Brockton offered multiple early voting locations or extended hours on nights or weekends.

         50. Within a city or town, each early voting site is required to have a voter list that includes all registered voters in that city or town.

         51. The early voting list may be a printed list, the list already maintained in VRIS, or another electronic list, such as an electronic poll book.

         52. Electronic poll books, also known as " poll pads, " were used by 29 cities and towns during the 2016 early voting period and received positive feedback.

         53. Somerville and Revere successfully printed their respective early voter lists in advance of the early voting period.

         55. In Boston, 400 voters voted provisionally during the early voting period for the November 2016 election.

         57. For the November 2016 election, Chelsea held early voting inside the Chelsea city clerk's office and used VRIS computers to track early voters. Somerville borrowed additional VRIS terminals from the Commonwealth and set them up in the Somerville City Hall so that they could immediately note each voter's use of early voting in VRIS. Revere scanned records from its early voting list into the VRIS system.

         59. In Somerville, 40, 874 people voted in the November 8, 2016 election, 40 percent of whom did so through early voting.

         60. In the City of Revere, 20, 081 people voted in the November 8, 2016 election, 20 percent of whom did so through early voting.

         61. In the City of Chelsea, 10, 033 people voted in the November 8, 2016 election, 16 percent of whom did so through early voting.

         62. In the City of Boston, 277, 366 people voted in the November 8, 2016 election, 18 percent of whom did so through early voting.

         63. In addition to processing voter registrations, local election officials [perform] Election Day operations within their respective municipalities.

         vii. Election Day Responsibilities Of Local Election Officials

         64. To prepare for Election Day, local election officials must print a voting list with all registered voters in their respective towns and cities.

         67. Somerville, Revere, and Chelsea were each able to prepare and print the Election Day voter list after the end of early voting on Friday, November 4, 2016, and before the general election on Tuesday, November 8.

         68. At 7:56 pm on Monday, November 7, 2016, the Secretary's Office emailed local election officials reminding them that they should not wait until the morning of Election Day--the next day--to generate their voter lists.

         69. In 2016, local election officials in Chelsea, Revere, and Somerville printed their respective voting lists using printers in their offices, without the use of outside vendors or specialized equipment.

         viii. Massachusetts Registration Deadline

         77. Thousands of Massachusetts citizens registered to vote after the registration deadline but before each of the last three presidential elections. The chart below lists the number of voters who registered to vote in the twenty days before the November 2016, 2012, and 2008 elections.

Year

Boston

Chelsea

Revere

Somerville

STATEWIDE

2016

1, 562

Over 100

138

146

5, 567

2012

1, 629

59

109

Unknown

7, 606

2008

2, 393

19

22

Unknown

7, 308

         79. A " Specially Qualified Voter" is a person (a) who is otherwise eligible to register as a voter; and (b)(1) whose present domicile is outside the United States and whose last domicile in the United States was Massachusetts; or (2) whose present domicile is Massachusetts and who is: (i) absent from the city or town of residence in the active service of the armed forces or in the merchant marine of the United States, or a spouse or dependent of such person; (ii) absent from the commonwealth; or (iii) confined in a correctional facility or a jail, except if by reason of a felony conviction. G.L.c. 50, § 1.

         80. The legislature first defined the term Specially Qualified Voter by a statute approved on January 14, 1994. 1993 Mass.Legis.Serv.Ch. 475 (S.B. 1824). In 2001, the legislature modified the definition of Specially Qualified Voter to exclude persons who were confined in a jail " by reason of a felony conviction." 2001 Mass.Legis.Serv.Ch. 150 (H.B. 2883).

         81. A person who meets the definition of Specially Qualified Voter throughout the seven days immediately preceding the Voter Cutoff Law's deadline may register after that deadline. To do so, such a voter may appear before a local election official in the city or town of her legal residence during regular business hours up until the 4 p.m. the day before the election. There is no numerical cap on the number of voters who may qualify as a Specially Qualified Voter. G.L.c. 51, § 50.

         82. For the November 2016 election, a Specially Qualified Voter could register during regular business hours from Thursday, October 20, 2016 until 4 p.m. on Monday, November 7, 2016. G.L.c. 51, § 50.

         88. For the November 2016 election, there were 47 Specially Qualified Voters in Somerville.

         89. In Somerville, the processing of the Specially Qualified Voters was smooth for the November 2016 election.

         91. There were 13, 50, and 35 Specially Qualified Voters in Revere for the November 2016, 2012, and 2008 elections, respectively. Chelsea had no Specially Qualified Voters in those elections.

         92. Boston had 986 Specially Qualified Voters who participated in the November 2016 election.

         ix. Election Day Registration

         196. Election Day Registration (" EDR") is a system that allows qualified citizens to register, or re-register, to vote on Election Day and then cast a ballot based on that newly submitted registration information on the same day.

         197. Sixteen states and the District of Columbia have enacted some form of EDR. Cal. Elec. Code § 2170; Colo. Rev. Stat. § 1-2-217.7; Conn. Gen. Stat. § 9-19j; D.C. Code § 1-1001.07(g)(5); H.B. 2590, 27th Leg. (Haw. 2014) (taking effect in 2018); Idaho Code Ann. § 34-408A; 10 Ill.Comp.Stat. Ann. 5/4-50, 5/5-50, 5/6-50; Iowa Code § 48A.7A; Me. Rev. Stat. Ann. tit. 21-A, § 122(4); Md. Code Ann., Elec. Law § 3-305 (2016) (allowing same-day registration during early voting); Minn. Stat. § 201.061 (Subd. 3); Mont. Code Ann. § 13-2-304(1)(a); N.C. Gen. Stat. § § 163-82.6A(a), 163-227.2(b) (allowing same-day registration during one-stop voting period); N.H. Rev. Stat. Ann. § 654:7-a; Vt. Stat. Ann. tit. 17, § 2144; Wisc. Stat. § 6.55; Wyo. Stat. Ann. § 22-3-104; see also Utah Code Ann. § 20A-4-108 (pilot program that continued through 2016).

         a. Dr. Barry Burden

         Impact of EDR on Voter Registration and Voter Turnout

         202. After conducting an independent review of the peer-reviewed scholarship on EDR, Dr. Burden finds that studies have shown that EDR increases voter turnout by between three and six percentage points.

         210. In order to analyze the effect that EDR would have on voter turnout in Massachusetts and which groups would benefit from EDR, Dr. Burden ran a cross-sectional regression analysis.

         211. Dr. Burden determined that a cross-sectional regression analysis on 2012 voter data would be an appropriate model for this analysis.

         214. The Census Bureau conducts a survey of individuals and collects data as part of its Current Population Survey (CPS). Every two years the CPS asks individuals if they voted, and, if they did not vote, why not.

         218. A well designed election day registration law is good public policy.

         Administration of EDR

         221. The first adopters of EDR were able to administer EDR at the polling place using paper registrations and poll books. Some states today continue to administer their EDR process by paper.

         b. Wisconsin

         227. Milwaukee is a large urban municipality in Wisconsin. Milwaukee is demographically similar to Boston.

         228. Neil Albrecht is the Executive Director of the Election Commission for the City of Milwaukee in Wisconsin. Albrecht's responsibilities in this position are to oversee all aspects of election management and coordination in Milwaukee. Albrecht has worked at the Election Commission for the City of Milwaukee for twelve years.

         229. Like elections in Massachusetts, elections in Wisconsin are administered at the local, municipal level rather than at the county level.

         230. As in Massachusetts, eligible citizens in Milwaukee may register to vote in several ways. In Milwaukee, voters may register by mail, online, in-person at the Milwaukee Electoral Commission, in-person at municipal libraries, or in-person at the polls on Election Day. Registration online and at municipal libraries closes 20 days prior to each election in Milwaukee (or the third Wednesday before each election). Voters may still register to vote at the Milwaukee Election Commission up until the Friday before each election, or at a polling location on Election Day.

         231. Wisconsin has had EDR since 1975. Wisc. Stat. § 6.55.

         232. On Election Day, voters in Milwaukee who wish to register to vote using Election Day Registration appear at their local polling place. An election official confirms that they are registering at the correct place, and then confirms that the person possesses the necessary qualifications and documentation to vote, including identification and proof of residence. The voter then completes a same-day registration form in paper, and, they are then permitted to vote. After the election, a local election official enters the registration information into a statewide computer system called WisVOTE. The Milwaukee Election Commission's voter registration staff and temporary staff enter registrations into WisVOTE.

         233. Voters who are unable to provide sufficient photo ID at the time they are voting, or whose registration information is incomplete at the time of registration, are issued a provisional ballot. Provisional ballots are noted in WisVOTE and held until the Friday following the election, by which time the voter must provide the missing identification or information for their vote to be counted.

         234. Wisconsin law requires that all Election Day registrations be entered into WisVOTE no later than thirty days after a primary, spring, or special elections, and no later than forty-five days after a general election.

         235. Milwaukee keeps a log of every Election Day registration using a supplemental form, which is used to cross-check that every Election Day registration form has been received and properly entered into WisVOTE. The city has entered Election Day registrations within the forty-five days following a general election for at least the past eleven years.

         236. WisVOTE was adopted in 2016. Prior to WisVOTE, Wisconsin used a similar database known as the Statewide Voter Registration System. WisVOTE is used to manage voter registrations and track voter participation in elections. Registrations that are mailed into the City of Milwaukee are also entered into WisVOTE.

         237. Employees of the Election Commission for the City of Milwaukee are able to process same-day registration voter forms in two to four minutes each.

         238. During the 2014 midterm elections, approximately 45, 000 voters in Milwaukee filled out a registration form on Election Day.

         239. In the November 2016 election, over 247, 000 people voted in Milwaukee. For each of the past three biennial elections (November 2016, November 2014, and November 2012), about 20% of voters in the City of Milwaukee registered on Election Day. In Milwaukee, EDR has expanded voter participation and reduced confusion regarding the registration process.

         241. Approximately 330, 000 residents are registered voters in Milwaukee, and a typical turnout for a presidential election is 85% of registered voters.

         242. EDR also offers voters inspired to vote close to an election the opportunity to do so.

         243. In Milwaukee, voters from precincts with high student populations, high minority populations, and high concentrations of poverty are more likely to use EDR.

         244. EDR is an effective mechanism for furthering the goals of the Elections Commission for the City of Milwaukee, namely the provision of fair, accurate, and accessible elections.

         245. EDR increases access to voting and thus substantially increases voter participation. Wisconsin is among the states with the highest voter participation rates in presidential elections. EDR reduces the use of provisional ballots, which introduce inefficiency and further burdens on voters and poll workers.

         246. The Milwaukee Election Commission is able to implement EDR and at the same time undertake its other election duties such as voter registration, campaign finance reporting, filing requirements for political candidates, and absentee and mail-in ballot administration with a staff of eight employees.

         247. A total of 654 poll books are printed in Milwaukee. Electronic poll books are not used in the City of Milwaukee. In Milwaukee, books are generally printed within days after workers finish entering mail-in registrations into WisVOTE.

         c. Massachusetts

         248. The Secretary has conducted no formal study and has issued no findings as to the burden of implementing or administering EDR in Massachusetts . . .

         250. Before the Massachusetts legislature adopted the current Early Voting law, the Secretary's Office proposed a bill that would have permitted " advanced voting." This bill would have required advanced voting to be held on the same day as the voter registration deadline, namely twenty days before the election.

         251. Section 16(b) of Chapter 111 of the Acts of 2014 (An Act Relative to Election Laws) (May 22, 2014) ordered the creation of an elections task force, that was required by statute to study a variety of election issues, including same-day registration. The Secretary or a designee is designated to sit on this task force. The statute requires the " task force [to] submit its report and recommendations, together with drafts of legislation to carry its recommendations into effect, with the clerks of the house and senate on or before August 1, 2017." Id.

         252. As of April 5, 2017, this task force had not yet convened an initial meeting.

         B. The Secretary's Undisputed Proposed Findings of Fact

         i. Elections in Massachusetts

         256. In addition to providing training and guidance to local elections officials on matters of election administration, the Elections Division in the Office of the Secretary of the Commonwealth prepares, prints, and delivers early voting ballots, absentee ballots, official ballots and envelopes for each of these. For the 2016 statewide election, over 500 unique forms of ballots were prepared.

         257. The Elections Division ensures that local elections officials have properly tested their voting equipment and that the polling places are accessible.

         258. There are 2, 174 precincts in Massachusetts. In 2016, there were 1316 unique polling places.

         259. Local election officials are responsible for processing voter registrations.

         260. Following the processing of a mail-in voter registration, local election officials mail an acknowledgment form to the voter. If that acknowledgment form is returned as undeliverable, the local election official moves the voter to the " inactive voters" list and sends a confirmation of that change.

         261. A voter on the inactive voters list may appear at a polling place and vote upon showing identification.

         264. Local election officials are responsible for preparing voters list, consisting of every registered voter in the city or town organized by address [except that the voter lists used on election day does not include voters who registered after the [20-day deadline] and do not necessarily include Specially Qualified Voters].

         266. For election-day voting in the 2016 statewide election, voter lists were required to be on paper. Electronic poll books containing the same information will be permissible for use in future elections, if approved by the Secretary of the Commonwealth.

         267. Electronic poll books were permitted for use in early voting in 2016.

         268. Local election officials are responsible for hiring and ...


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