VOTES Act
Full title: An Act Fostering Voting Opportunities Trust, Equity, and Security (S.459 / H.805)
Lead sponsors: Sen. Cindy Creem; Rep. John Lawn
Committee: Joint Committee on Election Laws
The Issue
Last year, in response to the COVID-19 pandemic, Massachusetts took a number of steps to “pandemic-proof” our elections and in so doing expand access. The number of early voting days was increased, the voter registration blackout period was narrowed, and every voter was able to vote by mail. These reforms were successful and popular, but they were time-constrained.
We need to make the reforms last year permanent and then build on them with additional overdue steps to expand equity and access at the polls. Last year, with a longer early voting period and a shorter voter registration blackout period, we had de facto Same Day Registration for specific windows both before the primary and the general. But Same Day Registration shouldn’t be just an incidental part of other voting reforms: it should be intentional, ensuring that no one is disenfranchised because of moving too close to an election or because of clerical errors. Twenty other states have enacted same day registration and it is estimated to increase voting by an average of 5%.
Massachusetts also needs to ensure that the voting laws on the book are followed–whether that means strengthening enforcement of the 2018 Automatic Voter Registration law or ensuring that those in jails and other correctional facilities who maintain the right to vote are able to exercise that right.
The Solution
The VOTES Act would make the voting reforms from 2020–such as expanded early voting and mail voting–permanent, but it would go further in a few key ways. First, it would provide for same-day registration or all elections so that voters can register at the polls, thereby eliminating our arbitrary and disenfranchising 20-day voter registration blackout period. Second, it would strengthen the enforcement of the 2018 Automatic Voter Registration law by clarifying the opt-out (as opposed to opt-in) nature of automatic registration and by setting a deadline for the Secretary of the Commonwealth to join the Electronic Registration Information Center (ERIC), the gold standard interstate compact that enables states to to improve both the accuracy of voter rolls and encourage greater voter participation in elections. Third, it would require officials at jails and houses of corrections to provide voting information to all eligible voters. A more robust effort is needed to counter broad misperceptions around voting rights for previously and currently incarcerated individuals. Finally, it would require risk-limiting audits after all state primaries and elections to strengthen confidence in our election results.
Highlights
In October 2021, the MA Senate passed an amended and improved version of the VOTES Act. The bill contained the following:
Permanent No-Excuse Mail-In Voting
- Requires the Secretary of the Commonwealth to send out mail-in ballot applications to all registered voters on July 15 of every even-numbered year.
- Guarantees postage for mail-in ballot applications and ballots.
- Ensures the counting of any ballots received by 5PM on the third day after the biennial state election.
- Gives municipalities the option to set up secure drop boxes for mail-in ballots.
- Allows election officials to pre-process mail-in and early voting ballots in advance of Election Day.
Same Day Registration
- Enables individuals to register to vote during early voting periods and on Election Day.
Expanded Early Voting
- Requires two weeks (including two weekends) of early voting in-person for biennial state elections and any municipal elections held on the same day.
- Requires one week (including one weekend) of early voting in-person for a presidential or state primary and any municipal elections held on the same day.
- Allows municipalities to opt-in to early voting in-person for all other municipal elections.
Jail-Based Voting Reforms
- Ensures that individuals who are incarcerated who are currently eligible to vote are provided with voting information and materials to exercise their right to vote.
- Requires correctional facilities to display and distribute information about voting rights and procedures, as prepared by the Secretary of the Commonwealth.
- Requires facilities to assist individuals who are incarcerated in registering, applying for, and returning mail ballots.
- Ensures that individuals who are incarcerated are properly notified of their right to vote upon release and given the opportunity fill out a voter registration form.
The bill would also allow a voter with disabilities to request accommodations from the Secretary of the Commonwealth to vote by mail (including electronic and accessible instructions, ballot application, ballot, and a voter affidavit that can be submitted electronically) and requires the Secretary of the Commonwealth to enroll Massachusetts in the the Electronic Registration Information Center (ERIC), which helps states keep more accurate voting rolls, no later than July 1, 2022.
On January 27, 2022, the House passed a version of the VOTES Act as well, but leaving out Same Day Registration. Read more about that here and here.
A Conference Committee consisting of Sen. Cindy Creem (D-Newton), Sen. Barry Finegold (D-Andover), Sen. Ryan Fattman (R-Sutton), Rep. Mike Moran (D-Brighton), Rep. Dan Ryan (D-Charlestown), and Rep. Shaun Dooley (R-Norfolk) is working on creating a final version of the bill.
Contact Your Legislators
Tell Your Legislators – Election Day Registration Is the <3 of the VOTES Act!
Late January, the Massachusetts House of Representatives voted in favor of the VOTES Act, pledging their support to making permanent critical electoral reforms like mail-in and early in-person voting. However, the House chose to leave out the heart of the VOTES Act: Election Day Registration (EDR). Now, because the House and Senate versions of the VOTES Act differ, a small group of legislators are finalizing the bill in conference committee.
While this is a disappointing development, the fight for EDR is far from over. EDR has been proven to make elections more equitable and efficient in 20 states. By reducing voter registration barriers, EDR boosts voter turnout for all, especially BIPOC, low income, immigrant, and young voters. It also decreases administrative burdens of running elections by allowing election workers to update registration information on the spot.
As we continue to make our voice heard on EDR, we ask for your support by doing so too. Contact your state representative NOW and urge them to include EDR in the final version of the VOTES Act. By doing so, you’ll help make our democracy a more equitable and efficient one.
- We need to make sure that every voter is able to make their voice heard in our elections. That’s why we need to pass the #VOTESAct. #mapoli
- The big winner of last year’s elections? Pro-voter reforms that expanded early voting and vote-by-mail. Let’s make them permanent — and go further. #VOTESAct #mapoli
- Massachusetts can be a leader at strengthening democracy and voting rights. The #VOTESAct will help us do so. #mapoli
- Same Day Registration works in 21 other states, and it will work here in MA. The #VOTESAct will make it happen. #mapoli
- Our 20-day voter registration cutoff is arbitrary and unnecessary. MA shortened it to 10 days last year. We can eliminate it entirely. #VOTESAct #mapoli
- No one should be disenfranchised for moving close to Election Day or for someone else’s clerical error. We need Same Day Registration. #mapoli #VOTESTAct
- The #VOTESAct will make our elections more equitable, more accessible, and more secure. It’s a win-win all around. #mapoli
- Pandemic voting reforms from last year created a better voting experience for residents across the Commonwealth. Let’s make them permanent. #VOTESAct #mapoli
Write a Letter to the Editor
Adapt the template below! Or email us at issues@progressivemass.com for help!
In 2020, the Legislature provided voters with greater options for how to cast their ballot. We had more days available to vote early and an expanded possibility to vote by mail. It worked, it was popular, and it shouldn’t become a one-off due to COVID-19.
We need to make the electoral reforms from 2020, extended through last year but now expired, permanent as well as to build on them in order to make Massachusetts a leader in voting rights.
The MA Senate did just that last fall by passing the VOTES Act, a critical and comprehensive package of election reforms that will make our democracy more equitable, accessible, and secure. It includes the popular and successful reforms from last year, such as expanded early voting and vote-by-mail, as well as time-tested reforms like Same Day Registration, which would allow citizens to update their registration or register anew when they go to vote — something 21 states already allow. The VOTES Act, importantly, has reforms geared towards equity, like those aimed at ensuring eligible incarcerated citizens can actually vote, as well as election security, such as risk-limiting audits.
Over the past year, we’ve seen a growing number of states unfortunately take unfounded steps to restrict voter access. In a time when democracy is increasingly under threat, we need to show our commitment to a robust democracy — and positive voting experience for all — here in Massachusetts.
Read More
- Boston Globe Editorial Board. “Mail-In Voting Delivered. Let’s Not Cancel It.” Boston Globe. December 13, 2020. https://www.bostonglobe.com/2020/12/13/opinion/mail-in-voting-delivered-lets-not-cancel-it.
- Boston Globe Editorial Board. “Mail-In Voting a Winner, Let’s Keep It.” February 14, 2021. https://www.bostonglobe.com/2021/02/14/opinion/mail-in-voting-winner-lets-keep-it/.
- Brennan Center for Justice. Recommendations to Defend America’s Election Infrastructure. New York: Brennan Center for Justice, 2019. https://www.brennancenter.org/our-work/research-reports/recommendations-defend-americas-election-infrastructure.
- Carbo, Steven, and Regina Eaton. “Voters Win with Same-Day Registration.” Demos. February 4, 2010. https://www.demos.org/policy-briefs/voters-win-same-day-registration.
- Kennedy, Liz. “Millions to the Polls: Same Day Registration.” Demos. February 28, 2014. https://www.demos.org/policy-briefs/millions-polls-same-day-registration.
- National Conference on State Legislatures. “Same Day Registration.” May 7, 2021. https://www.ncsl.org/research/elections-and-campaigns/same-day-registration.aspx.
- National Conference on State Legislatures. “Voting Outside the Polling Place: Absentee, All-Mail and other Voting at Home Options.” September 24, 2020. https://www.ncsl.org/research/elections-and-campaigns/absentee-and-early-voting.aspx.
- Nonprofit Vote. America Goes to the Polls 2018. Cambridge, MA: Nonprofit Vote, 2019. https://www.nonprofitvote.org/resource/america-goes-to-the-polls-2018/.
- Rapaport, Miles. “Election Reforms Really Mattered in 2018.” The American Prospect. March 21, 2019. https://prospect.org/power/election-reforms-really-mattered-2018/.
- Root, Danielle and Liz Kennedy. “Increasing Voter Participation in America: Policies to Drive Participation and Make Voting More Convenient.” Center for American Progress. July 11, 2018. https://www.americanprogress.org/issues/democracy/reports/2018/07/11/453319/increasing-voter-participation-america/.
- US Government Accountability Office. Issues Related to Registering Voters and Administering Elections. Washington, DC: GAO, 2016. https://www.gao.gov/products/GAO-16-630.
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