Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Hon. James Murphy, House Chair
The Hon. Michael Moran
The Hon. Paul Frost
The Hon. Barry Finegold, Senate Chair
The Hon. Sal DiDomenico
The Hon. Robert Hedlund
Committee of Conference on An Act Relative to Election Laws
State House, Boston
Dear Chairman Murphy, Chairman Finegold, Representative Moran, Representative Frost, Senator DiDomenico, and Senator Hedlund:
On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association is writing to offer comments on H. 3788 and S. 1981, legislation relative to election laws before the conference committee for consideration and agreement.
Municipal clerks and election officials in the Commonwealth’s 351 cities and towns are responsible for administering federal, state and local elections in the most accessible and efficient way allowed by law. We support those provisions in the House and Senate bills that encourage and allow all citizens to exercise their right to vote.
We respectfully and forcefully oppose those aspects of the bills that would impose new unfunded mandates on cities, towns and local taxpayers. The intent of the anti-mandate provisions of Proposition 2½ are very clear, and we ask that you finalize a bill that ensures full funding of any new responsibilities, and oppose any provisions that are not supported with permanent and guaranteed funding. Otherwise, we anticipate that the Auditor of the Commonwealth would declare the provisions to be in violation of the anti-mandates statute. This would trigger widespread confusion and unfairness in the capacity of cities and towns to administer our election laws, no matter how well-intentioned the provisions.
Early Voting
Section 5 of H. 3788 would establish an early voting period in all cities and towns [new section 25B of Chapter 54 of the General Laws]. Section 11 of S. 1981 would also establish an early voting period with some substantial differences that would impose a significant financial and operational impact on local government.
Paragraph (b) of Chapter 25B in S. 1981 would require cities and towns to conduct early voting during normal business hours for a certain number of days before any biennial state election or primary. Further, the provision would require that cities and towns with more than one precinct provide not less than 10 hours for early voting on the Saturday and Sunday immediately preceding the day of the primary or election. Cities and towns with a single precinct would be required to provide not less than three hours. This section would take effect on January 1, 2015, and be implemented for the 2016 state election and the presidential primary.
Paragraph (b) of Chapter 25B in H. 3788 would require a similar early voting period for all elections involving a presidential primary or election with an option for additional hours and voting on weekends. It would not mandate weekend hours. This section would take effect on January 1, 2015, and be implemented for the 2016 state election and the 2016 presidential primary.
We strongly oppose the early voting language in S. 1981 due to the significant financial burden that it would impose on local government to conduct early voting on weekends, adding personnel, overtime, operations, security and maintenance expenses. We appreciate the intent of section 14D of the bill to provide for reimbursement of any local expenses, but this provision would be subject to annual state appropriation and would not ensure that local expenses are reimbursed. Over time, history has demonstrated that similar funding commitments for other mandates have faded. However, in the spirit of constructive input and suggestions, a framework that could be workable would be to have state law be crystal clear that the early voting provisions would only be in effect in an election year if the Commonwealth had previously adopted a General Appropriations Act (GAA) that includes an appropriation, certified as adequate by the Secretary of the Commonwealth, to reimburse cities and towns for the cost of implementing the early voting mandates. Under this construct, early voting would only take place if the mandate had been fully funded by the Legislature before the presidential primary or state election.
Early Voting Period Notification
Paragraph (e) of the S. 1981 would require that cities and towns provide notice of the early voting period at least seven days before it begins and once during the voting period. Paragraph (e) would require that notice be published in “every newspaper listed for the city or town by the New England Newspaper and Press Association” and in city and town offices and on municipal websites, and on the website of the secretary of state. Paragraph (d) of H. 3788 would provide for notice of the early voting period but would require that cities and towns send notice to the newspapers in the newspaper and press association directory.
The MMA strongly opposes the requirement in Senate 1981 to publish notices in the many newspapers listed in the newspaper and press association directory. This strikes us as an ineffective, wasteful and costly public notice provision that would impose a new unfunded mandate on cities, towns and local taxpayers. Would every community be required to publish a notice in the major newspapers that list dozens and dozens of cities and towns in their circulation area, and if so why is this duplication necessary? What about out-of-state publications that list circulation in Massachusetts communities? Don’t the newspapers have a civic responsibility to inform their readers regardless of whether they are granted guaranteed advertising revenue in a legislative proposal? There are far too many unanswered questions regarding the mandatory publish provision. An alternative would be to have the Commonwealth, through an appropriation in the Secretary of the Commonwealth’s line item, be responsible for issuing and funding any and all new publication notices.
Municipal Clerk and Election Official Training
Section 2 of the Senate bill would require that the municipal clerk and a registrar or election commission from every city and town attend annual training provided by the Secretary of the Commonwealth at no cost to the municipality or employee. Section 1 of the House bill includes a similar training requirement but without the finance provision.
The MMA strongly supports the finance provision in the training provision in the Senate bill.
Election Audits
Section 13B of the Senate bill would establish a system of election audits administered by the Secretary of the Commonwealth [new section 109A of Chapter 54 of the General Laws]. The audits would be conducted in select cities and towns following any biennial state election, presidential primary or special general election for senator or representative in Congress. Audits would be required in precincts selected at random by the Secretary of the Commonwealth and would be conducted on a hand-count basis by the local board of registrars or election commission. The number of audits for each primary or election would be equal to 3 percent of all the precincts in the Commonwealth. There is no similar provision in the House bill.
The MMA strongly opposes the lack of any reliable funding provision for election audits, and asks that if you include any such language that the cost of compliance be funded by the Secretary’s Office.
We appreciate your interest in and consideration of this important issue. If you have any questions or need additional information, please contact MMA Legislative Director John Robertson at (617) 426-7272 or jrobertson@mma.org at any time.
Thank you very much.
Sincerely,
Geoffrey C. Beckwith
Executive Director
cc: The Honorable Therese Murray, Senate President
The Honorable Robert DeLeo, Speaker of the House