NOMINATIONS, QUESTIONS TO BE SUBMITTED TO THE VOTERS, PRIMARIES AND CAUCUSES

M.G.L. pt. Part I, tit. Title VIII, ch. c. 53

in effect

M.G.L. c. 53, § 1 Parties entitled to make nominations

c. 53, § 1. Parties entitled to make nominations Section 1. At any primary, caucus or convention held under this chapter, each party having the right to participate in or hold the same may nominate as many candidates for each office for which it has the right to make nominations therein as there are persons to be elected to that office, and no more. A party which makes one or more nominations shall be entitled to have the name of each of its candidates printed on the ballot to be used at the ensuing election; but, unless the nomination is made by direct plurality vote in a primary or in several caucuses held in more than one ward or in more than one precinct or group of precincts, a certificate of nomination must be filed as provided in section five.

M.G.L. c. 53, § 2 Nominations and elections; necessity; procedure

c. 53, § 2. Nominations and elections; necessity; procedure Section 2. Except in the case of municipal nominations where a city charter or a law applying to a particular town otherwise provides and in the case of nominations to regional district school committees elected district-wide, candidates of political parties for all elective offices, except presidential elector, shall be nominated and members of political committees, except as provided in sections one and four of chapter fifty-two, shall be elected in primaries or caucuses; provided, however, that the state secretary shall not conduct presidential and state primaries in any biennial state election year for a political party which has enrolled fewer than five percent of the total number of registered voters in the commonwealth as of the most recent count submitted to the state secretary under section thirty-eight A, and whose state committee files with the state secretary a writing so requesting, not later than August first preceding a year in which a presidential primary is to occur and otherwise not later than February first of the year of the biennial state election. All nominations and elections in primaries and caucuses shall be by direct plurality vote. No candidates shall be nominated, and no member of a political committee or convention delegate elected, in any other manner than is provided in this chapter or chapter fifty-two.

M.G.L. c. 53, § 3 Nomination of person not printed on primary ballot; acceptance; statement of financial interest

c. 53, § 3. Nomination of person not printed on primary ballot; acceptance; statement of financial interest Section 3. A person whose name is not printed on a state primary ballot as a candidate for an office, but who receives sufficient votes to nominate him therefor, shall, not later than five o'clock post meridian of the thirteenth day after a regular state primary and the sixth day after a special state primary, file in the office of the state secretary a written acceptance of said nomination and a receipt from the state ethics commission verifying the fact that a statement of financial interest has been filed under chapter two hundred and sixty-eight B. A person whose name is not printed on a city or town primary ballot, but who receives sufficient votes to nominate him, shall, within six days from the aforementioned time and day, file a written acceptance of said nomination in the office of the city or town clerk. The name of any such person who fails to file such written acceptance, and such receipt if required, shall not be printed on the official ballot to be used at the ensuing election. When such acceptance has been filed, it may not thereafter be withdrawn. This section shall be construed to provide that written acceptance of such a nomination at a primary shall be filed as aforesaid within the time herein limited, by any such person whose nomination is finally determined after the expiration of the time so limited, otherwise his name shall not be printed on the ballot at the ensuing election.

M.G.L. c. 53, § 4 Conventions to nominate candidates; dates

c. 53, § 4. Conventions to nominate candidates; dates Section 4. No convention to nominate candidates shall be called for or held on a date earlier than four days after the holding of the caucuses for the choice of delegates thereto, and all such conventions shall be called for and held on a date not later than forty-eight hours prior to the hour for filing certificates of nomination as provided in section ten.

M.G.L. c. 53, § 5 Certificate of nomination; contents; signatures; filing; written acceptance of candidate

c. 53, § 5. Certificate of nomination; contents; signatures; filing; written acceptance of candidate Section 5. Every certificate of nomination shall state such facts as are required by section eight and shall be signed and sworn to by the presiding officer and by the secretary of the caucus or convention, who shall add to their signatures their residences. The secretary shall within the seventy-two hours succeeding five o'clock in the afternoon of the day upon which the caucus was held or the session of the convention terminated, and within the time specified in section ten, file such certificate at the place specified in section nine. No such certificate of nomination, except for presidential electors, shall be received or be valid unless the written acceptance of the candidates thereby nominated shall be filed therewith.

M.G.L. c. 53, § 6 Nomination papers; contents; number of signatures; unenrolled candidates

c. 53, § 6. Nomination papers; contents; number of signatures; unenrolled candidates Section 6. Nominations of candidates for any offices to be filled at a state election may be made by nomination papers, stating the facts required by section eight and signed in the aggregate by not less than the following number of voters: for governor and lieutenant governor, attorney general, United States senator, and presidential electors, ten thousand; for state secretary, state treasurer, and state auditor, five thousand; for representative in congress, two thousand; for state senator, three hundred; for state representative, one hundred and fifty; for councillor, district attorney, clerk of courts, register of probate, register of deeds, county commissioner, sheriff, and county treasurer, one thousand, except for clerk of courts, register of probate, register of deeds, county commissioner, sheriff, and county treasurer, in Barnstable, Berkshire, Franklin, and Hampshire counties, five hundred, and for any such offices in Dukes and Nantucket counties, twenty-five. In the case of the offices of governor and lieutenant governor, only nomination papers containing the names and addresses of candidates for both offices shall be valid. Nominations of candidates for offices to be filled at a city or town election, except where city charters or general or special laws provide otherwise and nominations of candidates for the office of regional district school committee members elected district-wide, may be made by like nomination papers, signed in the aggregate by not less than such number of voters as will equal one percent of the entire vote cast for governor at the preceding biennial state election in the electoral district or division for which the officers are to be elected, but in no event by less than twenty voters in the case of an office to be filled at a town election or election to a regional district school committee elected district-wide; provided, however, that no more than fifty signatures of voters shall be required on nomination papers for such town office or regional district school committee elected district-wide. At a first election to be held in a newly established ward, the number of signatures of voters upon a nomination paper of a candidate who is to be voted for only in such ward shall be at least fifty. The name of a candidate for election to any office who is nominated otherwise than by a political party, generally referred to as an ''Unenrolled'' candidate, shall not be printed on the ballot at a state election, or on the ballot at any city or town election following a city or town primary, unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter, certifying that he is not enrolled as a member of any political party, is filed with the state secretary or city or town clerk on or before the last day provided in section ten for filing nomination papers. Said registrars shall issue each certificate forthwith upon request of any such candidate who is not a member of a political party or his authorized representative. No such certificate shall be issued to any such candidate who shall have been an enrolled member of any political party during the time prior to the last day for filing nomination papers as provided in section ten, and on or after the day by which a primary candidate is required by section forty-eight to establish enrollment in a political party. Sections six and ten shall not apply to primary candidates nominated under sections twenty-three to seventy I, inclusive, except as expressly provided otherwise.

M.G.L. c. 53, § 7 Nomination papers; signatures; addresses; submission; deadlines; correction procedures; certification and checking; special elections

c. 53, § 7. Nomination papers; signatures; addresses; submission; deadlines; correction procedures; certification and checking; special elections Section 7. Every voter signing a nomination paper shall sign in person as registered or substantially as registered, and shall state the address where he or she is currently registered, but any voter who is prevented by physical disability from writing may authorize some person to write his or her name and residence in his or her presence. Every nomination paper of a candidate for a city or town office shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian of the fourteenth day preceding the day on which it must be filed with the city or town clerk. Every nomination paper of a candidate for a state office shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian of the twenty-eighth day preceding the day on which it must be filed with the state secretary; and certification of nomination papers of candidates for state office shall be completed no later than the seventh day before the final day for filing said papers with the state secretary. The registrars shall inform the candidate submitting such papers if the designation of the district only in which he seeks office is incorrect, and shall give said candidate the opportunity to insert the correct designation on such papers before the signatures are certified. The registrars shall, if the candidate so desires, allow a change of district on the nomination papers, in the presence of the candidate whose name appears on the nomination papers, and the registrar and the candidate shall both initial the change of district so made and further shall in writing explain the change of district causing three copies to be made, one of each for the registrar and candidate and one to be attached to the nomination papers. If the correct district designation is not so inserted, the nomination papers shall not be approved. In no case may a correction be made to change the office for which such candidate is nominated. Every initiative, referendum or other ballot question petition paper, except an application for a public policy question under sections nineteen to twenty-two, inclusive, shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian of the fourteenth day preceding the day on which it must be filed with the state secretary; and certification of such papers shall be completed no later than the second day before the final day for filing said papers with the state secretary. In the case of special elections, every nomination paper shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian in the afternoon of the seventh day preceding the day on which it must be filed with the state secretary; and certification of nomination papers of candidates shall be completed no later than the twenty-four hours before the final hour for filing said papers with the state secretary, except that, for special elections for senator or representative in congress, every nomination paper shall be submitted to the registrars of the city or town where the signers appear to be voters at or before 5:00 p.m. of the fourteenth day preceding the day on which it must be filed with the state secretary, and certification of nomination papers of candidates shall be completed no later than the 72 weekday hours before the final hour for filing those papers with the state secretary. Each nomination paper shall be marked with the date and time it was submitted and such papers shall be certified in order of submission. In each case the registrars shall check each name to be certified by them on the nomination paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city or town and in the district for which the nomination is made, and only names so checked shall be deemed to be names of qualified voters for the purposes of nomination. The registrars shall place next to each name not checked symbols designated by the state secretary indicating the reason that name was disqualified. The registrars shall certify a number of names that are required to make a nomination, increased by two fifths thereof, if they are submitted in a timely manner for a certification. The state secretary need not receive nomination papers for a candidate after receiving such papers containing a sufficient number of certified names to make a nomination, increased by two fifths thereof. For the purposes of this section a registered voter who in signing his name to a nomination paper inserts a middle name or initial in, or omits a middle name or initial from, his name as registered shall be deemed to have signed his name substantially as registered. If the registrars can reasonably determine from the form of the signature the identity of the duly registered voter, the name shall be deemed to have been signed substantially as registered. The provisions of this section shall apply in all cases where any statute, special act, or home rule charter requires the certification of the signature of a voter by boards of registrars of voters. Signatures shall not be certified on nomination papers or initiative and referendum petitions from more than one city or town per sheet. The state secretary shall promulgate regulations designed to achieve and maintain accuracy, uniformity, and security from forgery and fraud in the procedures for certifying nomination papers and petitions for ballot questions and names thereon pursuant to this section, and to ensure proper delivery of certified nomination papers and petitions by registrars to the person or organization who submitted such papers or petitions.

M.G.L. c. 53, § 7A Nomination papers for city offices; deadlines; signatures; certification and checking

c. 53, § 7A. Nomination papers for city offices; deadlines; signatures; certification and checking Section 7A. Except where otherwise provided by law, every nomination petition or other like paper of a candidate for a city office in a city wherein preliminary elections for the nomination of candidates for such office are held shall be submitted, on or before five o'clock in the afternoon of the fourteenth day preceding the day on which it must be filed, to the registrars of the city. In each case the registrars shall check each name to be certified by them on the nomination petition or other like paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city and in the district for which the nomination is made, and only names so checked shall be deemed to be names of qualified voters for the purposes of nomination. The registrars need not certify a greater number of names than are required to make a nomination, increased by one fifth thereof. Names not certified in the first instance shall not thereafter be certified on the same nomination petitions or other like papers.

M.G.L. c. 53, § 8 Certificates of nomination and nomination papers; contents; party designation

c. 53, § 8. Certificates of nomination and nomination papers; contents; party designation Section 8. All certificates of nomination and nomination papers shall, in addition to the names of candidates, specify as to each, (1) his residence, with street and number, if any, (2) the office for which he is nominated, and (3) except as otherwise provided in this section and except for elections which are not preceded by primaries or political party caucuses, the political designation, if any, which he represents, expressed in not more than three words. This information, in addition to the district name or number, if any, shall be specified on the nomination paper before any signature of a purported registered voter is obtained and the circulation of nomination papers without such information is prohibited. Certificates of nomination made by convention or caucus shall also state what provision, if any, was made for filling vacancies caused by the death, withdrawal or ineligibility of candidates. The state committees of the respective political parties at a meeting called for the purpose shall nominate the presidential electors. The surnames of the candidates for president and vice president of the United States shall be added to the party or political designation of the candidates for presidential electors. Such surnames and a list of the persons nominated for presidential electors, together with an acceptance in writing signed by each candidate for presidential elector on a form to be provided by the state secretary, shall be filed by the state chairmen of the respective political parties not later than the second Tuesday of September. Said acceptance form shall include a pledge by the presidential elector to vote for the candidate named in the filing. To the name of each candidate for alderman at large shall be added the number of the ward in which he resides. To the name of a candidate for a town office who is an elected incumbent thereof there may be added the words ''Candidate for Re-election''. If a candidate is nominated otherwise than by a political party the name of a political party shall not be used in his political designation nor shall the name of any organization which has been adjudicated subversive under section eighteen of chapter two hundred and sixty-four be used in his political designation. Certificates of nomination and nomination papers for city or town offices need not include a designation of the party which the candidate represents. Except in the case of nomination papers of candidates for offices to be filled by all the voters of the commonwealth, or of candidates for town offices and the office of regional district school committee member elected district-wide, no nomination papers shall contain the name of more than one candidate. Such nomination papers for candidates for governor and lieutenant governor shall contain provision for the names and addresses of members of a committee of five registered voters who shall fill any vacancy caused by death, withdrawal, ineligibility or disqualification of either candidate. Such nomination papers for town offices may contain the names of candidates for any or all of the offices to be filled at the town election, but the number of names of candidates on such paper for any one office shall not exceed the number to be elected thereto.

M.G.L. c. 53, § 9 Certificate of nomination and nomination papers; certification of candidate as registered voter; acceptance procedure

c. 53, § 9. Certificate of nomination and nomination papers; certification of candidate as registered voter; acceptance procedure Section 9. Certificates of nomination and nomination papers for state offices shall be filed with the state secretary and he shall forthwith issue to the candidate or other person filing the same a certificate acknowledging the time and date of the receipt thereof. Certificates of nomination or nomination papers for city and town offices shall be filed with the city or town clerk. Any candidate, including a candidate for presidential elector, not required by section forty-eight of this chapter to file a certificate of party enrollment shall, on or before the last day provided by law for filing nomination papers, file a certificate from the registrars of voters of the city or town wherein such candidate is a registered voter, certifying that such candidate is a registered voter in such city or town. Said registrars shall issue such a certificate forthwith upon request of any such candidate so registered or of his authorized representative. No nomination paper shall be received or be valid unless the written acceptance of the candidate thereby nominated shall be filed therewith. No nomination paper or certificate of nomination of a candidate for public office, as defined by chapter 268B, shall be accepted by the state secretary nor be valid unless accompanied by a receipt from the state ethics commission verifying the fact that a statement of financial interest has been filed pursuant to the provisions of said chapter 268B. No nomination paper for statewide elective office shall be received or be valid unless accompanied by a receipt from the director of campaign and political finance verifying the fact that the candidate has filed with said director the statement required by subsection (a) of section one A of said chapter 55C. The name of a candidate who fails to file any statement within the time required by said section one A shall not appear on the state primary or state election ballot.

M.G.L. c. 53, § 9A Nomination papers for cities or towns; applicable provisions

c. 53, § 9A. Nomination papers for cities or towns; applicable provisions Section 9A. In any city or town which accepts this section, in a city by vote of the city council subject to the provisions of its charter, and in a town by vote of the town meeting, the following provisions shall apply with respect to nomination papers:— The final date for obtaining blank nomination papers for nomination to city or town office shall be forty-eight week day hours prior to the hour on which nomination papers are required to be submitted to the registrars of voters for certification. Each candidate shall file with the city or town clerk, prior to obtaining blank nomination papers, a statement containing his name and address, and the city or town office for which he intends to be a candidate. No candidate for city or town office shall receive more blank nomination papers than will contain the number of signatures required to place his name in nomination, multiplied by five.

M.G.L. c. 53, § 10 Certificates of nomination and nomination papers; time for filing

c. 53, § 10. Certificates of nomination and nomination papers; time for filing Section 10. All certificates of nomination and nomination papers of candidates for the office of state representative, state senator, executive council, or county office shall be filed with the state secretary on or before the last Tuesday in May of the year in which a state election is to be held. Certificates of nomination or nomination papers for the office of senator in congress, representative in congress, governor, lieutenant governor, attorney general, treasurer and receiver-general, state auditor and state secretary, shall be filed on or before the last Tuesday in August of the year in which a state election is to be held. If there is a special election to fill the office of senator or representative in congress, all certificates of nomination and nomination papers shall be filed on or before the sixth Tuesday preceding the day of such election. If there is a special election to fill any other state office, all certificates of nomination and nomination papers shall be filed on or before the ninth Tuesday preceding the day of such election. Nomination papers for presidential elector shall be filed on or before the last Tuesday in August of the year in which a presidential election is to be held. In any city, except Boston, certificates of nomination and nomination papers for any city election shall be filed on or before the thirty-fifth day preceding such city election. In any city, except Boston, the time for presenting nomination papers for certification to the registrars of voters, and for certifying the same, shall be governed by section seven, notwithstanding any contrary provision in any special law. In any city where primaries are held, under authority of general or special law, for the nomination of candidates for city offices, certificates of nomination and nomination papers shall be filed not later than the last day fixed for the filing of nomination papers for such primaries. In any city where preliminary elections for the nomination of candidates for a city office are held, nomination or other like papers required to be filed by such candidates shall be filed on or before the thirty-fifth day preceding the day of the preliminary election, notwithstanding any contrary provision in any special law. Any provision of general or special law to the contrary notwithstanding, the last day for filing with the town clerk certificates of nomination or nomination papers for the nomination of town offices shall be the thirty-fifth day preceding the date of the election. In any town, the time for presenting nomination papers for certification to the registrars of voters, and for certifying the same, shall be governed by section seven, notwithstanding any contrary provision in any special law. Any incumbent town meeting member may become a candidate for election by giving written notice thereof to the town clerk not later than twenty-one days prior to the last day and hour for filing nomination papers notwithstanding any contrary provision in any special law. Certificates of nomination and nomination papers shall be filed before five o'clock in the afternoon of the last day fixed therefor.

M.G.L. c. 53, § 11 Certificates of nomination and nomination papers; objections; filing

c. 53, § 11. Certificates of nomination and nomination papers; objections; filing Section 11. When certificates of nomination and nomination papers have been filed, and are in apparent conformity with the law, they shall be valid unless written objections are made. Such objections shall be filed, as to state offices, with the state secretary, and, as to city or town offices, with the city or town clerk in accordance with the provisions of chapter fifty-five B.

M.G.L. c. 53, § 13 Withdrawal of nominated candidates

c. 53, § 13. Withdrawal of nominated candidates Section 13. A person nominated as a candidate for any state, city or town office may withdraw his name from nomination by a request signed and duly acknowledged by him before a notary public, and filed with the officer with whom the nomination was filed, within the time prescribed by section eleven for filing objections to certificates of nomination and nomination papers and no such requests for withdrawals shall be received after such time has expired. A person nominated at a city or town preliminary election may withdraw his name from nomination in the same manner, within six days succeeding five o'clock in the afternoon of the day of holding such preliminary election. Unless otherwise provided by the city or town charter, such nominee shall be replaced by the candidate with the next highest number of votes in said preliminary, if such candidate receives a number of votes at least equal to the number of signatures required by law to place his name on the preliminary election ballot.

M.G.L. c. 53, § 14 Death, withdrawal or ineligibility of nominated candidates; filling vacancies; objections

c. 53, § 14. Death, withdrawal or ineligibility of nominated candidates; filling vacancies; objections Section 14. If a candidate nominated for a state, city or town office dies before the day of election, or withdraws his name from nomination, or is found ineligible, the vacancy, except for city offices where city charters provide otherwise, may be filled by the same political party or persons who made the original nomination, and in the same manner; or, if the time is insufficient therefor, the vacancy may be filled, if the nomination was made by a convention or caucus, in such manner as the convention or caucus may have prescribed, or, if no such provision has been made, by a regularly elected general or executive committee representing the political party or persons who held such convention or caucus. In the event of the death, withdrawal, ineligibility or disqualification of a candidate for governor or lieutenant governor who has been nominated by election nomination papers, except disqualification for insufficient signatures, the vacancy shall be filled by majority vote of the committee of five members whose names were placed upon said papers for the purpose before the signatures of voters were obtained thereon. In the event of the withdrawal, death or ineligibility of any candidate of a political party nominated by direct nomination for any office, the vacancy may be filled by a regularly elected general or executive committee representing the election district in which such vacancy occurs, or, if no such committee exists by the members of the town committee in any town comprising such district, by the members of the ward committee or committees in the ward or wards comprising such district if within the limits of a single city, or by delegates chosen as hereinafter provided by and from the members of the ward and town committees in the wards and towns comprising such district if within the limits of more than one municipality, at a meeting to be called by such a member or delegate, as the case may be, designated by the chairman of the state committee, and such member or delegate shall preside until a chairman of such meeting is elected. Each ward and town committee in the wards and towns compromising such a district within the limits of more than one municipality shall, as occasions arise, choose from its members delegates to fill vacancies as hereinbefore provided, in such manner as it may determine by its rules and regulations, to a number not exceeding one for each five hundred votes, or fraction thereof, cast in its ward or town for the candidate of the party for governor at the last state election, and shall forthwith notify the state secretary of the delegates so chosen. Notwithstanding any of the foregoing, when a vacancy occurs, by reason of withdrawal, death or ineligibility in a district comprised of portions of wards of a city or not all precincts of a town, then each ward and town committee which includes the precincts which are part of the district shall choose delegates as hereinabove provided to fill vacancies in such number not exceeding one for each five hundred votes or fractions thereof cast in that portion of the ward or town included in the district for the candidate of that party for governor at the last state election, provided further that said delegate so chosen shall reside in the district where the vacancy occurs. In cities and towns where candidates are nominated by nomination papers, such papers may contain the names of members of a committee of not more than five registered voters who may fill any vacancy caused by the death or physical disability of the candidate whose name appears upon such nomination paper. If a vacancy is caused by withdrawal, certificates of nomination made otherwise than in the original manner shall be filed within seventy-two week day hours in the case of state offices, or within forty-eight week day hours in the case of city or town offices, succeeding five o'clock in the afternoon of the last day for filing withdrawals. They shall be open to objections in the same manner, so far as practicable, as other certificates of nomination. No vacancy caused by withdrawal shall be filled before the withdrawal has been filed.

M.G.L. c. 53, § 15 Certificate of nomination to fill vacancy; contents; acceptance

c. 53, § 15. Certificate of nomination to fill vacancy; contents; acceptance Section 15. When a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate, the certificate of nomination shall, in addition to the other facts required, state the name of the original nominee, the fact of his death, withdrawal or ineligibility, and the proceedings had for filling the vacancy; and the presiding officer and secretary of the convention or caucus, or the chairman and secretary of an authorized committee, shall sign and make oath to the truth of the certificate, and it shall be accompanied by the written acceptance of the candidate nominated. Such certificate shall be filed with the state secretary in the case of state elections and with the city or town clerk in city or town elections.

M.G.L. c. 53, § 16 Certificates of nomination, etc.; public inspection; preservation

c. 53, § 16. Certificates of nomination, etc.; public inspection; preservation Section 16. Certificates of nomination, nomination papers, objections thereto and withdrawals, when filed, shall, under proper regulations, be open to public inspection, and the state secretary and the city and town clerks shall preserve the same in their offices for one year.

M.G.L. c. 53, § 17 Blank forms for nominations

c. 53, § 17. Blank forms for nominations Section 17. The state secretary shall, upon application, provide blank forms for the nomination of candidates for all state offices; and he shall send blank forms for certificates of nomination for the office of representative in the general court to the clerk of each city and town for the use of any caucus or convention other than of political parties held therein for the nomination of candidates for that office. He shall likewise provide the clerks of towns wherein official ballots are used with blank forms for the nomination of candidates for town offices. In cities blank forms for the nomination of candidates for city offices shall be provided by the city clerk. The state secretary shall not supply candidates for town offices directly with blank forms for nomination. The city or town clerk shall not furnish blank forms for the nomination of candidates for city or town office to any person other than a candidate seeking such nomination or a person presenting the signed authorization of a candidate to secure said forms on his behalf. In no case shall any blank forms for such nominations be larger than eight and one half inches by fourteen inches, nor shall anyone be prohibited from making exact copies of such blanks provided by the secretary of state for the purpose of collecting signatures for such nominations, nor shall any such copies be rejected for certification or submittal to the secretary of state.

M.G.L. c. 53, § 17A Procedure

c. 53, § 17A. Procedure Section 17A. Upon the filing of a petition with the chairman of the state committee of a political party, signed by fifty enrolled members of such party within a senatorial district, such chairman shall call a convention of all the ward and town committees in said senatorial district for the purpose of endorsing candidates from among the enrolled members of the party for nomination for election to membership on the state committee from said senatorial district. Said convention shall be held not later than the tenth day prior to the time provided for the filing of nomination papers for said membership, and shall be held in the ward or town within the senatorial district which cast the highest vote at the preceding biennial state election for the political party candidate for governor. Said convention shall elect from among its members a chairman and a secretary and shall make suitable rules for the conduct of its business. Each ward and town committee represented at such convention shall be entitled to one vote and one additional vote for every fifteen hundred votes or major fraction thereof above the first fifteen hundred votes cast at the preceding biennial state election in such ward or town for the political party candidate for governor. Every certificate of nomination of a candidate endorsed for nomination by such a convention shall state that the nominee has been endorsed by such convention, and shall include such facts as are required by section eight. Such certificate shall be signed, sworn to and filed with the state secretary as required by section five. Each candidate endorsed by such a convention shall not later than the last day and hour for filing nomination papers for said membership file with the state secretary his written acceptance of the nomination, otherwise his name shall not be printed on the ballot as a candidate for member of the state committee for which he was nominated. Such candidate may not withdraw such acceptance.

M.G.L. c. 53, § 18 Proposed amendments to federal constitution; opinion of voters ascertained

c. 53, § 18. Proposed amendments to federal constitution; opinion of voters ascertained Section 18. It is hereby declared to be the policy of the commonwealth that the general court, when called upon to act upon a proposed amendment to the federal constitution, should defer action until the opinion of the voters of the commonwealth has been taken, as herein provided, relative to the wisdom and expediency of ratifying the same; therefore, if a proposed amendment to the federal constitution is duly submitted to the general court as provided in article five of the constitution of the United States, and is not ratified at the session at which it is submitted, there shall be submitted to all the voters of the commonwealth at the following state election, if such an election is to occur prior to the next regular session of the general court, otherwise at such special or regular state election as the general court may order, the question whether such ratification is desirable. The question shall be placed upon the official ballot in the following form: ''Is it desirable that the proposed amendment to the constitution of the United States (describing the same) be ratified by the general court?'' The votes cast shall be received, sorted, counted, declared and transmitted to the state secretary, laid before the governor and council, and by them opened and examined in accordance with the laws relating to votes for state officers so far as they are applicable, and the governor shall thereupon communicate to the general court the total number of votes cast in the affirmative and in the negative for the proposed amendment, and likewise the same totals arranged by senatorial and representative districts. This section shall not authorize the taking of the opinion of the voters more than once in respect to any such proposed amendment unless otherwise provided by the general court.

M.G.L. c. 53, § 18A Nonbinding public opinion advisory questions on local ballots

c. 53, § 18A. Nonbinding public opinion advisory questions on local ballots Section 18A. As used in this section ''governing body'' shall mean, in a city, the city council acting with the approval of the mayor subject to the provisions of the charter of said city, in a town having a town council, the town council, and in every other town the board of selectmen. A nonbinding public opinion advisory question may be placed on the ballot for a regular municipal election in any city or town no later than the thirty-fifth day preceding such election: by vote of the city council of such city, with approval of its mayor where so required by the city charter; by vote of the board of selectmen of a town or by vote of the town council of a town having a town council or by vote of the annual town meeting; or in conformity with the following provision of this section: A proposal to place a nonbinding public opinion advisory question on the ballot for a regular municipal election in any city or town may be presented to the governing body thereof on a petition signed by at least ten registered voters of the city or town. If such governing body shall not approve said petition at least ninety days before said election, then the question may be so placed on said ballot when a petition signed by at least ten per cent of the registered voters of the city or town, but in no case less than twenty such voters, requesting such action is filed with the registrars, who shall have seven days after receipt of such a petition to certify the signatures. Upon certification of the signatures, the city or town clerk shall cause the question to be placed on the ballot at the next regular municipal election held more than thirty-five days after such certification. The procedures established by this section shall be available to any city or town; provided, however, that if an alternative procedure is prescribed by a home rule charter, optional plan of government, or special act applying to such city or town, relative to the placing of public opinion questions upon the local ballot, then such alternative procedure shall apply.

M.G.L. c. 53, § 18B Information relating to questions on city, town or district ballot; contents; written arguments by principal proponents and opponents; public inspection

c. 53, § 18B. Information relating to questions on city, town or district ballot; contents; written arguments by principal proponents and opponents; public inspection Section 18B. (a) As used in this section ''governing body'' shall mean, in a city, the city council or board of aldermen acting with the approval of the mayor subject to the charter of the city, in a town having a town council, the town council, in every other town, the board of selectmen and in a district as provided in sections 113 to 119, inclusive, of chapter 41, the prudential committee, if any, otherwise the commissioners of the district. (b) The governing body of a city, town or district which accepts this section in the manner provided in section 4 of chapter 4 shall print information relating to each question that shall appear on the city, town or district ballot. The information shall include: (1) the full text of each question; (2) a fair and concise summary of each question, including a 1 sentence statement describing the effect of a yes or no vote, which shall be prepared by the city solicitor, town counsel or counsel for the city, town or district; and (3) arguments for and against each question as provided in subsections (d) and (e). Not later than 7 days before an election at which the question shall be submitted to the voters in a city, town or district, the information in this subsection shall be sent to each household wherein a person whose name appears on the current voting list for the city, town or district resides. (c) Not later than the day following the date of the determination that a question shall appear on the ballot in an election, the governing body shall provide written notification to the city solicitor or town or district counsel and to the city or town clerk. (d) Not later than 7 days after the determination that a question shall appear on the ballot, the city solicitor or town or district counsel, as applicable, shall seek written arguments from the principal proponents and opponents of the question. For the purposes of this section, the principal proponents and opponents of a question shall be those persons determined by the solicitor or counsel to be best able to present the arguments for and against the question. The solicitor or counsel shall provide not less than 7 days' written notice to the opponents and proponents of the date on which the written arguments shall be received. Proponents and opponents shall submit their arguments, which shall be not more than 150 words, to the solicitor or counsel, together with a copy thereof to the city or town clerk or, in a district, to the clerk of each city and town within the district. The arguments and summary shall be submitted by the solicitor or counsel to the governing body at least 20 days before the election for distribution to voters in accordance with subsection (b). A copy of the arguments and summary shall also be submitted by the solicitor or counsel to the city, town or district clerk. (e) In determining the principal proponents and opponents of a ballot question, the solicitor or counsel shall contact each ballot question committee, if any, as defined in section 1 of chapter 55. The principal proponents or opponents of a ballot question may include officers of a ballot question committee or officers of a city, town or district office or committee including, but not limited to, a finance committee or a school committee. In addition, the principal proponents or opponents may include the first 10 signers or a majority of the first 10 signers of a petition initiating the placement of such question on the ballot. The solicitor or counsel shall determine, based on a review of arguments received, the person or group best able to present arguments for and against a question. If no argument is received by the solicitor or counsel within the time specified by the solicitor or counsel, the solicitor or counsel shall prepare an argument and submit the argument to the governing body and to the city or town clerk or, in a district, to the clerk of each city and town within the district within the time specified in subsection (d). (f) All arguments filed or prepared pursuant to this section and the information prepared pursuant to subsection (b), shall be open to public inspection at the office of city or town clerk or, in a district, at the office of the clerk of each city and town within the district. In addition, each city or town clerk shall make such information available to the voters at all polling places within the city, town or district.

M.G.L. c. 53, § 19 Questions of public policy submitted in certain districts upon application

c. 53, § 19. Questions of public policy submitted in certain districts upon application Section 19. On an application signed by twelve hundred voters in any senatorial district, or by two hundred voters in any representative district, asking for the submission to the voters of that senatorial or representative district of any question of instructions to the senator or representatives from that district, and stating the substance thereof, the attorney general shall upon request of the state secretary determine whether or not such question is one of public policy, and if such question is determined to be one of public policy, the state secretary and the attorney general shall draft it in such simple, unequivocal and adequate form as shall be deemed best suited for presentation upon the ballot. Upon the fulfilment of the requirements of this and the two following sections the state secretary shall place such question on the official ballot to be used in that senatorial or representative district at the next state election.

M.G.L. c. 53, § 20 Applications; signatures; identification; certification; submission

c. 53, § 20. Applications; signatures; identification; certification; submission Section 20. The provisions of law relative to the signing of nomination papers of candidates for state office, and to the identification and certification of names thereon and submission to the registrars therefor, shall apply, so far as apt, to applications submitted under section nineteen. Petition forms for such applications submitted under section nineteen shall be made available for use on or before the fifteenth Tuesday preceding the final date for filing as provided in section twenty-one.

M.G.L. c. 53, § 21 Applications; filing deadline; number of questions; resubmission

c. 53, § 21. Applications; filing deadline; number of questions; resubmission Section 21. Applications shall be filed with the state secretary not later than the first Wednesday of August before the election at which the questions are to be submitted. Not more than three questions under section nineteen shall be placed upon the ballot at one election, and they shall be submitted in the order in which the applications are filed. No question negatived and no question substantially the same shall be submitted again in less than three years.

M.G.L. c. 53, § 22 Instructions to representatives; necessity of majority vote

c. 53, § 22. Instructions to representatives; necessity of majority vote Section 22. No vote under the three preceding sections shall be regarded as an instruction under article nineteen of the bill of rights of the constitution of the commonwealth, unless the question submitted receives a majority of all the votes cast at that election.

M.G.L. c. 53, § 22A Signing petitions; forms; receipt; filing date

c. 53, § 22A. Signing petitions; forms; receipt; filing date Section 22A. The provisions of law relative to the signing of nomination papers of candidates for state office, and to the identification and certification of names thereon and submission to the registrars therefor, shall apply, so far as apt, to the signing of initiative and referendum petitions and to the identification and certification of names thereon, and, except as otherwise provided, to the time of their submission to the registrars. Initiative or referendum petition forms shall be made available no later than the fourteenth day after the date such petitions are filed with the state secretary by the first ten signers; provided, however, that in the instance of petitions filed under the provisions of section three or section four of that part of Article XLVIII of the Amendments of the Constitution under the heading ''THE REFERENDUM. III. Referendum Petitions.'', the petition forms shall be made available no later than the fourteenth day after a summary has been prepared. Registrars shall receipt in writing for each initiative or referendum petition submitted to and received by them, and shall deliver such petitions only on receiving written receipts therefor or other identification acceptable to the registrars. Each initiative and referendum petition shall state the last day and hour for filing such petitions with the registrars and with the state secretary. Certificates showing that each of the ten original signers is a registered voter at the stated address, signed by a majority of the registrars of voters, shall accompany an original initiative or referendum petition. In no case shall any blank forms for such initiative or referendum petitions be larger than eight and one half inches by fourteen inches, nor shall anyone be prohibited from making exact copies of such blanks provided by the secretary of state for the purpose of collecting signatures for such petitions, nor shall any such copies be rejected for certification or submittal to the secretary of state.

M.G.L. c. 53, § 23 Sections applicable to all primaries

c. 53, § 23. Sections applicable to all primaries Section 23. Sections twenty-four to forty, inclusive, shall apply to all primaries, except as therein otherwise provided.

M.G.L. c. 53, § 24 Applicability of sections relating to elections and corrupt practices

c. 53, § 24. Applicability of sections relating to elections and corrupt practices Section 24. Primaries shall be subject to all laws relating to elections and corrupt practices therein, so far as applicable and except as otherwise provided in this chapter and in chapters fifty-four, fifty-five and fifty-six.

M.G.L. c. 53, § 25 Withdrawal of nominations

c. 53, § 25. Withdrawal of nominations Section 25. Withdrawals of nominations of persons to be voted for at primaries shall be subject to section thirteen, except that the date from which the time for filing withdrawals shall be computed shall be the last day for filing nomination papers for such primaries, and that the time shall be forty-eight hours in the case of a town primary.

M.G.L. c. 53, § 28 Dates and places for holding primaries

c. 53, § 28. Dates and places for holding primaries Section 28. State primaries shall be held on the seventh Tuesday preceding biennial state elections and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the sixth Tuesday preceding said elections. If a religious holiday falls on or immediately before the second Tuesday in September in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the second Tuesday in September. The state secretary shall publish the date change of the state primary not later than February 1 of that year by: (i) providing notice of the change to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification. Presidential primaries shall be held on the first Tuesday in March in any year in which presidential electors are to be elected. Notwithstanding any provision of law to the contrary, any town may hold its preliminary or regular town elections on the same date designated as the date to hold a presidential primary, in any year in which presidential electors are to be elected, provided that such election is by a ballot independent of the ballot used at a presidential primary. City and town primaries before all city and town elections shall be held on the twenty-eighth day preceding such elections. Except in Boston, primaries shall be held wholly or partly by wards, precincts or towns, as the aldermen or selectmen may designate. Notwithstanding the provisions of any general or special law, town charter or by-law to the contrary, if the date for holding a preliminary, primary or town election or annual town meeting falls within thirty days before or after the presidential primary, the town council in a town having a town council and the board of selectmen in any other town, after consulting the town clerk may, by majority vote, establish a date between February first and May thirty-first for holding such preliminary, primary or town election or annual town meeting. Any preliminary, primary or town election or annual meeting shall be held on the date or dates established and shall be called as provided by sections nine A and ten of chapter thirty-nine. Notwithstanding the provisions of any general or special law to the contrary, if the date for holding a district election falls within thirty days before or after the presidential primary, the prudential committee, if any, otherwise the commissioners, of the district may, by majority vote, establish a date between February first and May thirty-first for holding such district election. Any district election shall be held on the date established and shall be called as provided by section one hundred and nineteen of chapter forty-one. For the purposes of this section, district shall mean a district created by special law or established under the provisions of a general law.

M.G.L. c. 53, § 29 Designation of primary officers; compensation

c. 53, § 29. Designation of primary officers; compensation Section 29. The city or town clerk may designate two inspectors and two deputy inspectors, representing the two leading political parties, to serve at primaries, and from the whole body of election officers he may designate officers equally representing the two leading political parties to serve as tellers in any precinct or ward during part of the day for the purpose of receiving ballots, checking names, or canvassing and counting votes, such tellers to receive such part of a full day's compensation of election officers as the aldermen or selectmen may determine.

M.G.L. c. 53, § 30 Designation of primary officers; wards or towns

c. 53, § 30. Designation of primary officers; wards or towns Section 30. In wards or towns where voting is by precincts at elections but by wards or towns at primaries, the city or town clerk shall designate which of the election officers shall serve as primary officers.

M.G.L. c. 53, § 31 Ineligibility to act as primary officers

c. 53, § 31. Ineligibility to act as primary officers Section 31. A person shall not be ineligible to act as a primary officer because he is a candidate for delegate to a convention, or,, a candidate for or member of a ward or town committee.

M.G.L. c. 53, § 32 Ballots; preparation; number

c. 53, § 32. Ballots; preparation; number Section 32. Ballots shall be prepared and provided, and the number thereof determined, in state and presidential primaries by the state secretary, in city and town primaries by the city or town clerk. Notwithstanding the provisions of section forty-five of chapter fifty-four or any other general or special law to the contrary, the state secretary may provide only paper ballots for a state or presidential primary in a city or town where a political party has enrolled fewer than five percent of the total number of registered voters, as of the most recent count submitted to the state secretary under section thirty-eight A before the decision to prepare said ballots must be made. No other ballots shall be received or counted, except that if ballots provided for a state or presidential primary are not delivered, or after delivery lost, destroyed or stolen, ballots similar as far as possible shall be provided by the city or town clerk and used at the primary. The number of ballots provided at a city or town primary shall not for any ward or town exceed one ballot of each party for each voter therein.

M.G.L. c. 53, § 33 Ballots; color; specimen ballots

c. 53, § 33. Ballots; color; specimen ballots Section 33. Ballots for each party shall be printed on paper of a different color from that on which the ballots for any other party are printed. At least three facsimile copies of the ballot for each party, printed on colored paper, shall be provided for each polling place as specimen ballots.

M.G.L. c. 53, § 34 Ballots; contents; arrangement; form

c. 53, § 34. Ballots; contents; arrangement; form Section 34. At the top of each ballot shall be printed the words ''Official ballot of the (here shall follow the party name)''. There shall also be printed on the ballot the number of the precinct and ward or the name of the town for which the ballot is prepared, the date of the primary and for state primaries a facsimile of the signature of the state secretary and for city or town primaries a facsimile of the signature of the city or town clerk. Names of candidates for each elective office shall be arranged alphabetically according to their surnames except as otherwise provided. Names of candidates for nomination for all offices to be voted for at a state primary of which they are the elected incumbents or the incumbents chosen by the senate and house of representatives, or appointed by the governor, or appointed by the justices of the supreme judicial or superior court, or appointed by the county commissioners, or appointed by the county commissioners and the clerk of the courts for a county, shall be placed first in alphabetical order and names of other candidates shall follow in like order. Names of candidates for state committee who are either elected or appointed incumbents shall be placed first in alphabetical order, and names of other candidates for said office shall follow in like order. Names of candidates for ward and town committees shall be arranged in groups in such order as may be determined by lot, under the direction of the state secretary, who shall notify each state committee and give a representative of each such committee an opportunity to be present. When necessary, groups may be printed on the ballot in two or more columns; provided, however, that only one heading designating the number of members to be elected to such committee shall be printed. Against the name of a candidate for an elective office, for a ward or town committee, or for state committee, shall be printed the street and number, if any, of his residence. Against the name of a candidate for an elective office shall be printed the statement contained in the nomination paper placing him in nomination, except where vacancies caused by death, withdrawal or physical disability are filled. Except where vacancies caused by death, withdrawal or physical disability are filled, no names shall be printed on a ballot other than those presented on nomination papers. On ballots at city and town primaries, and preliminary elections except where city charters provide otherwise, names of candidates for offices of which they are the elected incumbents, or the incumbents chosen by vote of the board of aldermen or city council in a city, or the incumbents chosen by joint convention of the board of aldermen or city council and school committee, shall be placed first in alphabetical order according to their surnames, to be followed by the names of all other candidates for such offices in alphabetical order. A candidate for nomination to the same office in a precinct, ward or district which contains any portion of the territory which he was elected to represent at the last preceding municipal or state election for that office shall be considered an elected incumbent within the meaning of this section. Against the name of each such candidate there shall be printed, if the candidate requests, a statement in not more than eight words setting forth the public offices which he holds or has held. The statement shall clearly indicate that he is a former incumbent thereof if such is the case and, if he is an elected incumbent of an office for which he seeks renomination, that he is a candidate for such renomination; and if he is a veteran, as defined in section one of chapter thirty-one, the word ''veteran'' may be included in the eight word statement. Immediately following the names of candidates on ballots at city and town primaries, and preliminary elections except where city charters provide otherwise, blank spaces equal to the number of persons to be chosen shall be provided for the insertion of other names. Immediately following the names of candidates on ballots at state and presidential primaries, where there are fewer names than there are persons to be chosen, blank spaces shall be provided, equal in number to the deficiency, for the insertion of other names. The number of persons to be voted for the different offices shall be stated on the ballot. The form of ballots and the arrangement of printed matter thereon shall be in general the same as that of the official state ballots, except as otherwise provided in this chapter.

M.G.L. c. 53, § 34A Absentee ballots; application; forms; envelopes; preparation

c. 53, § 34A. Absentee ballots; application; forms; envelopes; preparation Section 34A. Prior to each biennial or special state primary the state secretary shall prepare in such quantities as he may deem necessary the following papers:— (a) Official absent voting ballots, similar in all respects to the official ballot to be used at such primary, on paper similar in color to the official ballot of the respective parties. Instructions for the use of said absentee ballots may be printed on the back of the ballots. (b) Blank forms of application for such ballots, worded substantially as provided by section eighty-seven of chapter fifty-four, except that the application shall indicate that the ballot is to be used at the primary, and shall also indicate the party whose ballot the voter desires to obtain. Any form of written communication evidencing a desire that an absent voting ballot be sent to him for use of voting at any regular or special state primary or any presidential primary, and specifying the party whose ballot he desires to obtain, shall be given the same effect as an application for an absent voting ballot made in the form prescribed by law. (c) Envelopes conforming substantially to subsections (c) and (d) of section eighty-seven of said chapter fifty-four.

M.G.L. c. 53, § 35 Cross constituting as vote

c. 53, § 35. Cross constituting as vote Section 35. A cross (X) marked against a name shall constitute a vote for the person so designated except that no cross shall be required where the voter has inserted the name of the candidate for whom he intends to vote. A cross in the circle at the head of a group of candidates for a ward or town committee shall count as a vote for each candidate therein. A voter may vote for one or more candidates in any such group by marking a cross against the name of each such candidate, except that no cross shall be required where the voter has inserted the name or names of candidates for whom he intends to vote. If he votes for more candidates than the number to be elected, his vote shall not be counted.

M.G.L. c. 53, § 35A Use of pasters or stickers

c. 53, § 35A. Use of pasters or stickers Section 35A. Pasters, commonly called stickers, to be used at primaries shall not be more than one half inch in width and four and one half inches in length and shall be subject to the same restrictions with respect to names and residences of candidates and the size of the type in which the names shall be printed as are imposed by sections forty-one and forty-four of chapter fifty-four with respect thereto in the case of election ballots.

M.G.L. c. 53, § 35B Persons nominated by pasters or write-ins; notice

c. 53, § 35B. Persons nominated by pasters or write-ins; notice Section 35B. The city or town clerk shall forthwith notify a person who appears to have been nominated by means of pasters or write-ins of the necessity of complying with section three.

M.G.L. c. 53, § 36 Delivery of ballots, etc., at polling places; posting specimen ballots

c. 53, § 36. Delivery of ballots, etc., at polling places; posting specimen ballots Section 36. The city or town clerk, before the opening of the polls on the day of the primary, shall deliver at the polling place to the warden or, if he is absent, to the clerk or, if both are absent, then to any inspector, ballot boxes, ballots, specimen ballots, voting lists, suitable blank forms and apparatus for canvassing and counting the ballots and making the returns, a seal of suitable device and a record book for each polling place. The presiding officer at each polling place shall, before the opening of the primary, conspicuously post in such polling place at least three specimen ballots, as provided in section thirty-three, for each party, which shall be kept so posted until the polls are closed.

M.G.L. c. 53, § 37 Party enrollment of voters

c. 53, § 37. Party enrollment of voters Section 37. The voting lists used at primaries shall contain the party enrollment of the voters whose names appear thereon established as provided in this section, in section thirty-eight, and in section forty-four of chapter fifty-one. Except as provided by section thirty-seven A, a voter desiring to vote in a primary shall give his name, and, if requested, his residence, to one of the ballot clerks, who shall distinctly announce the same, and, if the party enrolment of such voter is shown on the voting list, the name of the party in which he is enrolled. If the party enrollment of the voter is not shown on the voting list the ballot clerk shall ask such voter in which political party's primary he desires to vote, and the ballot clerk, upon reply, shall distinctly announce the name of such political party, and shall record the voter's selection upon the voting list. The ballot clerk shall then give the voter the ballot of the political party so requested. If the voter was unenrolled before selecting a party ballot, he shall continue to be unenrolled and shall be recorded as unenrolled in the current annual register of voters. After marking his ballot the voter shall give his name, and, if requested, his residence, to the officer in charge of the voting list at the ballot box, who shall distinctly announce the same. If the party enrolment of the voter is shown on the voting list he shall also make announcement of such enrolment and the officer in charge of the ballot box shall, before the voter's ballot is deposited, ascertain that it is of the political party in which such voter is enrolled. If the enrolment of the voter is not shown on such voting list, the officer in charge of the ballot box shall announce the political party whose ballot the voter is about to deposit, and the officer in charge of the voting list shall repeat the same distinctly and record the same upon such voting list. The voting lists used at primaries shall be returned to the city or town clerk to be retained in his custody as long as he retains the ballots cast, whereupon such voting lists shall be transmitted to the registrars of voters for preservation for two years, after the expiration of which they may be destroyed. Said officers shall, at any time after the primary, upon receiving a written request therefor signed by any person, furnish a copy of said list to such person upon the payment of a reasonable fee or shall allow such person to examine and copy such list without charge under such supervision as the clerk may reasonably require. The party enrolment of each voter, if any, shall be recorded in the current annual register of voters, and whenever a voter shall establish, cancel or change his enrolment it shall likewise be so recorded. In preparing the current annual register of voters, the party enrolment, if any, of each voter included therein, as shown by the register of voters for the preceding year, shall be transferred thereto. Upon receipt of a written request from a primary candidate or any officer of any ward, town or city committee or duly organized political committee for a copy of the party enrolment list of voters in any city or town, the board of registrars or the election commissioners, as the case may be, shall prepare said list and shall furnish at once the said list, free of charge, to the party requesting the same and they shall also furnish a copy of said list to any person on payment of a reasonable fee, not to exceed the cost of printing such list.

M.G.L. c. 53, § 37A Absentee ballots; application; unenrolled voters; recording upon voting lists

c. 53, § 37A. Absentee ballots; application; unenrolled voters; recording upon voting lists Section 37A. A voter desiring to vote by absentee ballot in a primary shall specify on his application for the ballot the party with which he is enrolled or, if he is unenrolled, the party in whose primary he desires to vote. A city or town clerk shall not supply any voter with the absentee ballot of more than one party at any one primary. If an enrolled voter requests the ballot of a party other than the party in which the voter is enrolled, the clerk shall supply the voter with the absentee ballot of the party in which such voter is enrolled. The officers processing absentee ballots shall cause to be recorded upon the voting lists to be used at the polling place the political party in whose primary the absentee voter has cast his ballot if he is unenrolled, or the officers charged with the casting of such absentee ballot at the polling place shall so record on the voting list the political party in whose primary the absentee voter has cast his ballot if he is unenrolled. If the voter was unenrolled before selecting a party ballot, he shall continue to be unenrolled and shall be recorded as unenrolled in the current annual register of voters.

M.G.L. c. 53, § 38 Party designation of voters and eligibility to vote under party enrollments; certificate to establish, change or cancel enrollment

c. 53, § 38. Party designation of voters and eligibility to vote under party enrollments; certificate to establish, change or cancel enrollment Section 38. No voter enrolled under this section or section thirty-seven shall be allowed to receive the ballot of any political party except that in which he is so enrolled; provided, however, that, except as otherwise provided in said section thirty-seven, a voter may, except within a period beginning at eight o'clock in the evening of the twentieth day prior to any primary and ending with the day of such primary, establish, change or cancel his enrollment by forwarding to the board of registrars of voters a certificate signed by such voter under the pains and penalties of perjury, requesting to have his enrollment established with a party or political designation, changed to another party or political designation, or cancelled, or by appearing in person before a member of said board and requesting, in writing, that such enrollment be so established, changed or cancelled. Except as otherwise provided in section twelve of chapter four, sections one and two of chapter fifty-two, and sections forty A and forty-eight of this chapter, such enrollment, change or cancellation shall take effect upon the receipt by said board of such certificate or appearance, as the case may be; provided, however, that no such enrollment, change or cancellation shall take effect for a primary during the twenty days prior to such primary; provided further, that a voter registered in a political designation that is not a political party as defined in section 1 of chapter 50 shall be considered unenrolled for the purpose of the primary and shall be eligible to receive a ballot of a political party of the voter's choosing. No voter enrolled as a member of one political party or political designation shall be allowed to receive the ballot of any other political party, upon a claim by him of erroneous enrolment, except upon a certificate of such error from the registrars, which shall be presented to the presiding officer of the primary and shall be attached to, and considered a part of the voting list and returned and preserved therewith; but the political party or political designation enrolment of a voter shall not preclude him from receiving at a city or town primary the ballot of any municipal party, though in no one primary shall he receive more than one party ballot.

M.G.L. c. 53, § 38A Enrolled and unenrolled voters; precinct count

c. 53, § 38A. Enrolled and unenrolled voters; precinct count Section 38A. The board of registrars of voters of every city or town shall submit to the state secretary a count for each precinct of the number of voters enrolled in each political party and each political designation and the number of unenrolled voters. The count shall be correct as of the last day to register voters under section twenty-six of chapter fifty-one before every regular state and presidential primary and biennial state election, and in an even-numbered year in which no presidential primary is held, also as of February first. The secretary shall receive the count in writing not later than ten days after each such date, and shall issue a report thereof.

M.G.L. c. 53, § 39 Counting votes

c. 53, § 39. Counting votes Section 39. In counting votes when the ballots are removed from the ballot box, they shall first be sorted into piles, one for each party, and each pile shall be counted and sealed separately. Votes shall be counted only for nominations of the party on whose ballot they appear.

M.G.L. c. 53, § 40 Number of votes necessary to nominate candidate not on ballot

c. 53, § 40. Number of votes necessary to nominate candidate not on ballot Section 40. No person who is a candidate at a primary for nomination for or election to a political office, if no candidate's name is printed on the ballot therefor, shall be deemed to be nominated or elected unless he receives a number of votes at least equal to the number of signatures which would be required by law to place his name on the ballot at such primary as a candidate as aforesaid.

M.G.L. c. 53, § 40A Petitions for recounts

c. 53, § 40A. Petitions for recounts Section 40A. Petitions for recounts of the ballots cast at a primary of a political party may be signed only by registered voters enrolled in such political party on or before the last day to register to vote for the primary.

M.G.L. c. 53, § 41 Sections applicable to nominations at state primaries

c. 53, § 41. Sections applicable to nominations at state primaries Section 41. Primaries shall be held for the nomination of candidates of political parties for all offices to be filled at a state election, except presidential elector. Sections forty-two to fifty-three A, inclusive, shall apply to such primaries.

M.G.L. c. 53, § 42 Primaries held by wards, precincts or groups of precincts; notice to state secretary

c. 53, § 42. Primaries held by wards, precincts or groups of precincts; notice to state secretary Section 42. In cities or towns where the aldermen or selectmen determine the question of holding state primaries by wards, precincts or groups of precincts, they shall give notice of their determination to the state secretary on or before June first; except that in the case of primaries before special elections they shall give such notice at least twenty-one days before the primaries.

M.G.L. c. 53, § 43 Polls; hours when open

c. 53, § 43. Polls; hours when open Section 43. The polls at every primary shall be open at least thirteen hours. Such hours shall be designated in cities by the aldermen or councillors, and in towns by by-laws or vote, or, in default of such by-laws or vote, by the selectmen. The polls shall in no case be kept open after eight o'clock in the evening. The polls shall not be closed before eight o'clock in the evening.

M.G.L. c. 53, § 44 Nomination papers; number of signatures

c. 53, § 44. Nomination papers; number of signatures Section 44. The nomination of candidates for nomination at state primaries shall be by nomination papers. In the case of the governor, lieutenant-governor, attorney general and United States senator, nomination papers shall be signed in the aggregate by at least ten thousand voters; in the case of the state secretary, state treasurer and state auditor, they shall be signed by at least five thousand voters. Such papers for all other offices to be filled at a state election shall be signed by a number of voters as follows: for representative in congress, two thousand voters; for councillor, district attorney, clerk of courts, register of probate, register of deeds, county commissioner, sheriff and county treasurer, one thousand voters, except that in Barnstable, Berkshire, Franklin, and Hampshire counties such papers for nomination to the office of clerk of courts, register of probate, register of deeds, county commissioner, sheriff and county treasurer shall be signed by five hundred voters; for state senator, three hundred voters; for representative in the general court, one hundred and fifty voters. In Dukes and Nantucket counties such papers for nomination to all offices within the county to be filled at any state election shall be signed by twenty-five voters. In no event shall the number of signatures required be more than the number of a candidate for the same office in the same electoral district or division to have his name placed on the ballot as provided for under section six.

M.G.L. c. 53, § 45 Nomination papers; contents; signatures; acceptance; number of candidates; penalty provisions

c. 53, § 45. Nomination papers; contents; signatures; acceptance; number of candidates; penalty provisions Section 45. Every nomination paper shall state in addition to the name of the candidate, (1) his residence, with street and number thereof, if any, (2) the office for which he is nominated, and (3) the political party whose nomination he seeks. This information, in addition to the district name or number, if any, shall be stated on the nomination papers before any signature of a purported registered voter is obtained and the circulation of nomination papers without such information is prohibited. The candidate may state, on one or more nomination papers, in not more than eight words, the public offices which he holds or has held. The statement shall clearly indicate that he is a former incumbent thereof if such is the case and, if he is an elected incumbent of an office for which he seeks renomination that he is a candidate for such renomination. If he is a veteran, as defined in section one of chapter thirty-one, the word ''veteran'' may be included in the eight word statement. Signatures shall be subject to section seven. A nomination paper shall be valid only in respect to a candidate whose written acceptance is thereon; provided, however, that a candidate for ward or town committee who accepts nomination for such office more than once shall withdraw from all but one such nomination paper or shall be disqualified. No nomination paper for use in the nomination of candidates to be voted for at state primaries shall contain the name of more than one candidate. Whoever knowingly subscribes falsely to a statement on a primary nomination paper shall be punished by a fine of not more than fifty dollars.

M.G.L. c. 53, § 46 Nomination papers; submission to registrars; certification; correction of district; number of names

c. 53, § 46. Nomination papers; submission to registrars; certification; correction of district; number of names Section 46. Every nomination paper of a candidate for state office shall be submitted on or before five o'clock post meridian of the twenty-eighth day preceding the day on which it must be filed with the state secretary to the registrars of the city or town in which the signers appear to be voters; provided, however, that before special state primaries, every such nomination paper shall be so submitted on or before five o'clock post meridian of the seventh day preceding the day on which it must be filed with the state secretary, except that, for special elections for senator or representative in congress, every nomination paper shall be submitted to the registrars of the city or town where the signers appear to be voters at or before 5:00 p.m. of the fourteenth day preceding the day on which it must be filed with the state secretary, and certification of nomination papers of candidates shall be completed no later than the 72 weekday hours before the final hour for filing those papers with the state secretary. Every nomination paper of a candidate for president at the presidential primaries shall be submitted to said registrars on or before five o'clock post meridian of the fourteenth day before the final date for filing said papers with the state secretary and certification of said papers shall be completed no later than the seventh day before the final day for filing said papers with the state secretary. Nomination papers for candidates for state, ward, and town committees shall be submitted to said registrars on or before five o'clock post meridian on the eleventh day before the final day for filing with the state secretary and certification shall be completed no later than the fourth day before the final day for filing said papers with the state secretary. Each nomination paper shall be marked with the date and time it was submitted and such papers shall be certified in order of submission. Said registrars shall check each name to be certified by them on the nomination paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city or town and in the district for which the nomination is made, and who are not enrolled in any other party than that whose nomination the candidate seeks, and only names so checked shall be deemed to be names of qualified voters for the purpose of nomination. The registrars shall place next to each name not checked symbols indicating the reason that name was disqualified. The certification of voters shall be signed by a majority of the board of registrars. The registrars shall inform the candidate submitting such papers if the designation of the district only in which he seeks office is incorrect, and shall give said candidate the opportunity to insert the correct designation on such papers before the signatures are certified. The registrars shall, if the candidate so desires, allow a change of district on the nomination papers in the presence of the candidate whose name appears on the nomination papers, and the registrar and the candidate shall both initial the change of district so made and further shall in writing explain the change of district causing three copies to be made, one of each for the registrar and candidate and one to be attached to the nomination papers. If the correct district designation is not so inserted, the nomination papers shall not be approved. In no case may a correction be made to change the office for which such candidate is nominated. The provisions of section seven relative to the number of names to be certified and received, and, except as otherwise provided in this section, the provision relative to time of certification shall apply to such papers. No person shall be a candidate for nomination for more than one office; but this shall not apply to candidates for membership in political committees.

M.G.L. c. 53, § 47 Nomination papers; preparation; availability

c. 53, § 47. Nomination papers; preparation; availability Section 47. Nomination papers for use in the nomination of candidates to be voted for at state primaries shall be prepared, and on request furnished, by the state secretary. Nomination papers for use in the nomination of candidates for all offices shall be available for use on or before the fifteenth Tuesday preceding the date for filing as provided in section forty-eight, except in the case of primaries before special elections. In no case shall any blank forms for such nominations be larger than eight and one half inches by fourteen inches, nor shall anyone be prohibited from making exact copies of such forms provided by the secretary of state for the purpose of collecting signatures for such nominations, nor shall any such copies be rejected for certification or submittal to the secretary of state.

M.G.L. c. 53, § 48 Nomination papers; certificates of nomination; filing; political party membership; term limits

c. 53, § 48. Nomination papers; certificates of nomination; filing; political party membership; term limits Section 48. Nomination papers of candidates to be voted on at presidential primaries except candidates for state, ward and town committees, shall be filed with the state secretary on or before the first Friday in January preceding the day of the primaries. Nomination papers of candidates for election to state, ward and town committees at presidential primaries shall be filed with the state secretary on or before the third Tuesday in November of the year preceding said presidential primaries. All certificates of nomination and nomination papers of candidates for the office of state representative, state senator, executive council, or county office shall be filed with the state secretary on or before the last Tuesday in May of the year in which a state election is to be held. Certificates of nomination or nomination papers for the office of senator in congress, representative in congress, governor, lieutenant governor, attorney general, treasurer and receiver general, state auditor and state secretary, shall be filed on or before the first Tuesday in June of the year in which a state election is to be held. In the case of primaries before special elections, such nomination papers shall be filed on or before the fifth Tuesday preceding the day of the primaries. The state secretary shall forthwith issue to the candidate or other person filing such nomination papers a certificate acknowledging the time and date of the receipt thereof. There shall not be printed on the ballot at the state primary the name of any person as a candidate for nomination for any office to be filled by all the voters of the commonwealth, or for representative in congress, governor's councillor, senator in the general court, representative in the general court, district attorney, clerk of court, register of probate and insolvency, register of deeds, county commissioner, sheriff, or county treasurer, unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter, certifying that he has been enrolled as a member of the political party whose nomination he seeks throughout the ninety days prior to the last day herein provided for filing nomination papers with the state secretary, is filed with the state secretary on or before such filing deadline. Said registrars shall issue such certificate, signed by a majority thereof, forthwith upon request of any such candidate so enrolled or of his authorized representative. Said registrars of voters shall issue such certificate to any person seeking the nomination of a political party, who is a newly registered voter of that city or town enrolled in that political party and who has not been an enrolled member of another political party during the year preceding the last day for filing nomination papers with the state secretary. No such certificate shall be issued to any person who is a candidate for nomination for any such office, if such person has been an enrolled member of another political party during the year prior to the last day for filing nomination papers with the state secretary as provided by this section. There shall not be printed on the ballot at the state primary or state election the name of any person as a candidate for nomination or election for any office to be filled by all the voters of the commonwealth, or for representative in congress, governor's councillor, senator in the general court or representative in the general court, if said person: (a) is a candidate for the office of Governor, Lieutenant Governor, Secretary, Treasurer, Auditor or Attorney General who, by the end of the then current term of office will have served, or but for resignation would have served, for two consecutive terms in that office within the eleven year period immediately preceding the end of the then current term of office; (b) is a candidate for the office of governor's councillor, senator in the general court, representative in the general court, or representative in congress from Massachusetts who, by the end of the then current term of office will have served, or but for resignation would have served, four consecutive terms in that office within the nine year period immediately preceding the end of the then current term of office; or (c) is a candidate for the office of United States Senator from Massachusetts who, by the end of the then current term of office will have served, or but for resignation would have served, two consecutive terms in that office within the seventeen year period immediately preceding the end of the then current term of office. For the purpose of this section, (i) any person elected or appointed to the office of governor, lieutenant governor, secretary, treasurer, auditor, attorney general, representative in the general court, senator in the general court, representative in congress or United States Senator from Massachusetts who serves more than one-half of a term in that office, shall be deemed to have served an entire term in that office, and (ii) any person serving in one of the foregoing offices as of January 15, 1995 shall be deemed to be serving his first term in that office.

M.G.L. c. 53, § 49 Nomination in case of withdrawal, death or ineligibility

c. 53, § 49. Nomination in case of withdrawal, death or ineligibility Section 49. If a person nominated to be voted for at a state primary dies before the day of the primary, or withdraws his name from nomination, or is found ineligible, and there is no other candidate for the party nomination for the office, the vacancy may be filled by the state committee, if the candidate is one to be voted for by all the voters of the commonwealth; and, in the case of candidates for nomination or election in a district, by the members of the ward and town committees in the wards and towns comprising the district.

M.G.L. c. 53, § 50 Vacancies caused by withdrawal; nominations to fill; objections

c. 53, § 50. Vacancies caused by withdrawal; nominations to fill; objections Section 50. In cases of withdrawal, nominations to fill vacancies shall be filed with the state secretary within seventy-two week day hours succeeding five o'clock in the afternoon of the last day for filing withdrawals. They shall be open to objections in the same manner, so far as practicable, as other nominations. No vacancy caused by withdrawal shall be filled before the withdrawal has been filed.

M.G.L. c. 53, § 51 Counting ballots

c. 53, § 51. Counting ballots Section 51. No ballots cast at a state primary in cities or towns shall be counted until the close of the polls.

M.G.L. c. 53, § 52 Canvass and return of votes; certification and notification of nominees

c. 53, § 52. Canvass and return of votes; certification and notification of nominees Section 52. Upon receipt of the records of votes cast at state primaries, the city or town clerk shall forthwith canvass the same and within four days after said primary make return of the votes for candidates for nomination for state offices to the state secretary, who shall forthwith canvass such returns, determine the results thereof, notify the successful candidates, and certify to the state committees the names of the persons nominated for state offices. Said secretary shall also forthwith notify a person who has received sufficient votes by pasters or write-ins to be nominated of the necessity of complying with the requirements of section three.

M.G.L. c. 53, § 53 Vacancies caused by ties; filling

c. 53, § 53. Vacancies caused by ties; filling Section 53. In case of a tie vote where the number of persons receiving equal votes exceeds the number of nominations available, there shall be deemed to be a vacancy. If the tie is between candidates for an office to be filled by all the voters of the commonwealth, the vacancy shall be filled by the state committee. If the tie is between candidates for nomination for any other office, the vacancy shall be filled by the members of the ward and town committees in the district for which the nomination is to be made. All vacancies caused by ties shall be filled only by the choice of one of the candidates receiving the tie vote.

M.G.L. c. 53, § 53A Objections to nominations; withdrawals by nominees

c. 53, § 53A. Objections to nominations; withdrawals by nominees Section 53A. When nominations at the state primaries are in apparent conformity with law, they shall be valid unless written objections are made thereto in accordance with the provisions of chapter fifty-five B. A person nominated at such primaries may withdraw his name from nomination by a request signed and duly acknowledged by him and filed with the state secretary within the time prescribed in said chapter fifty-five B for filing objections to such nominations.

M.G.L. c. 53, § 55 Primaries for city and town nominations; objections; withdrawals

c. 53, § 55. Primaries for city and town nominations; objections; withdrawals Section 55. The nomination of candidates of political and municipal parties to be voted for at city and town elections, in cities and towns where such nominations are permitted by law, and which vote that primaries shall be held therein, shall be made under sections twenty-three to forty, and fifty-six to sixty-four, both inclusive. The provisions of section fifty-three A relative to filing objections to nominations at state primaries and to the withdrawal of names from nomination shall apply in the case of nominations at city or town primaries, except that such objections or withdrawals shall be filed with the city or town clerk.

M.G.L. c. 53, § 56 Primaries for nomination; submission of question; notice of result to state secretary

c. 53, § 56. Primaries for nomination; submission of question; notice of result to state secretary Section 56. In any city or town which has adopted the provisions of law for nominating by primaries, the following question shall be put on the official ballot at any city election or annual town meeting on petition of five per cent of the voters registered at the time of the preceding city election or annual town meeting, filed with the city or town clerk on or before the last day for filing nomination papers: ''Shall primaries for the nomination of candidates to be voted for at city (or town) elections continue to be held in this city (or town)?'' In any city or town not nominating by primaries, where such nominations are permitted by law, the following question may, by similar petition, be put on the ballot at the next city election or annual town meeting: ''Shall primaries for the nomination of candidates to be voted for at city (or town) elections be held in this city (or town)?'' In accordance with the result of such vote, such primaries shall or shall not thereafter be held. Clerks of cities or towns which vote to hold primaries or to rescind such action shall forthwith notify the state secretary of such vote. The provisions of law relative to the signing of nomination papers of candidates for state office, and to the identification and certification of names thereon and submission to the registrars therefor, shall apply, so far as apt, to the signing of petitions under this section and to the identification and certification of names thereon.

M.G.L. c. 53, § 57 Notices of intention to participate in primaries

c. 53, § 57. Notices of intention to participate in primaries Section 57. Notices of intention to participate in primaries shall be furnished to the city or town clerk, not later than the thirtieth day prior to the day on which the primaries are to be held, by the city and town committees of such political and municipal parties as are entitled to and desire to participate therein.

M.G.L. c. 53, § 58 Blank nomination papers; contents

c. 53, § 58. Blank nomination papers; contents Section 58. The city or town clerk shall seasonably prepare, and the city or town shall provide, blank nomination papers for use in the nomination of candidates to be voted for at city or town primaries. Such papers shall state the place where, and the day and hour prior to which, nomination papers shall be filed. The city or town clerk shall not furnish such papers to any person other than a candidate seeking nomination or a person presenting the signed authorization of a candidate to secure said papers on his behalf.

M.G.L. c. 53, § 59 Nominations on blank nomination papers; signatures; acceptance

c. 53, § 59. Nominations on blank nomination papers; signatures; acceptance Section 59. Nominations of candidates for elective offices, to be voted for at a primary, shall be made by nomination papers, as hereinafter provided. Such nominations shall be made on the blank nomination papers prepared in accordance with the preceding section; and no nomination paper offered for filing shall be received or be valid to which is attached any card, paper or other device containing the name of a candidate, his written acceptance, or the signature of any voter required by this section. Such papers shall be signed by at least five voters of the ward or town where the primary is to be held, who shall add to their signatures the street and number, if any, of their residences. Such papers for a district composed of more than one ward shall be signed by a number of voters equal in the aggregate to not less than five voters for each ward in said district. In towns, nomination papers shall not contain a larger number of names of candidates than there are persons to be elected. In cities, nomination papers shall not contain the name of more than one candidate. No vacancy caused by the death, withdrawal or ineligibility of any candidate shall be filled, unless the person entitled to fill such vacancy files the written acceptance of the candidate who is nominated to fill the vacancy.

M.G.L. c. 53, § 60 Nomination papers; contents

c. 53, § 60. Nomination papers; contents Section 60. Section forty-five shall apply to nomination papers for city and town primaries, except that in towns such nomination papers may contain the names of candidates for any or all of the offices to be filled at the town election, but the number of names of candidates on such paper for any one office shall not exceed the number to be elected thereto.

M.G.L. c. 53, § 61 Nomination papers; filing; certification; correction of district

c. 53, § 61. Nomination papers; filing; certification; correction of district Section 61. All nomination papers of candidates to be voted for at city or town primaries shall be filed with the city or town clerk not less than thirty-five days previous to the day on which the primary is to be held for which the nominations are made. Every such nomination paper shall be submitted at or before five o'clock in the afternoon of the fourteenth day preceding the day on which it must be filed to the registrars of the city or town where the signers appear to be voters, and the registrars shall check each name to be certified by them on the nomination paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city or town and in the district for which the nomination is made and only names so checked shall be deemed to be names of qualified voters for the purposes of nomination. The registrars need not certify a greater number of names than are required to make a nomination, increased by one fifth thereof. Names not certified in the first instance shall not thereafter be certified on the same nomination papers. The city or town clerk shall not be required, in any case, to receive nomination papers for a candidate after receiving papers containing a sufficient number of certified names to make a nomination, increased by one fifth thereof. The registrars shall inform the candidate submitting such papers if the designation of the district only in which he seeks office is incorrect, and shall give said candidate the opportunity to insert the correct designation on such papers before the signatures are certified. The registrars shall, if the candidate so desires, allow a change of district on the nomination papers, and the registrar and the candidate shall both initial the change of district so made and further shall in writing explain the change of district causing three copies to be made, one each for the registrar and candidate and one to be attached to the nomination papers. If the correct district designation is not so inserted, the nomination papers shall not be approved. In no case may a correction be made to change the office for which such candidate is nominated. There shall not be printed on the ballot at a city or town primary the name of any person as a candidate for nomination for any office to be filled at a city or town election unless such person has been an enrolled member of the political party whose nomination he seeks throughout the ninety days prior to the last day for submitting primary nomination papers to the registrars of voters prior to said primary, or is a newly registered voter of the city or town enrolled in the political party.

M.G.L. c. 53, § 62 Death, withdrawal, or ineligibility of candidates; filling vacancies

c. 53, § 62. Death, withdrawal, or ineligibility of candidates; filling vacancies Section 62. If a person nominated to be voted for at a city or town primary dies before the day of the primary, or withdraws his name from nomination, or is found ineligible, and there is no other candidate for the party nomination for the office, the vacancy may be filled by vote of the town committee in a town, by vote of the city committee if it occurs for an office to be filled by all the voters of a city, or by vote of the ward committee if it occurs for an office to be filled by the voters of a ward. In cases of vacancies caused by withdrawal, nominations to fill such vacancies shall be filed with the town clerk within twenty-four week-day hours, by a certificate signed by the chairman and secretary of said committee, or if the vacancy occurs in a city, with the city clerk within forty-eight week-day hours, by a similar certificate, signed by the chairman and secretary of the city committee or of the ward committee, as the case may be. No vacancy caused by withdrawal shall be filled before the withdrawal has been filed. If there is a failure to make a nomination at a city or town primary by reason of a tie vote, the vacancy, if in respect to an office to be filled by all the voters of the city or town, shall be filled by vote of the city or town committee and, if in respect to an office to be filled by the voters of a ward, by vote of the ward committee; provided, that any such vacancy shall be filled only by the choice of one of the candidates receiving the tie vote.

M.G.L. c. 53, § 63 Polls; hours

c. 53, § 63. Polls; hours Section 63. The polls at every such primary shall be open during such hours, not less than nine in cities nor four in towns, as may be designated by the aldermen or selectmen.

M.G.L. c. 53, § 64 Returns of votes; canvass and certification

c. 53, § 64. Returns of votes; canvass and certification Section 64. City and town clerks shall canvass the returns of votes, determine the results, and issue proper certificates thereof to the successful candidates.

M.G.L. c. 53, § 70A Sections applicable

c. 53, § 70A. Sections applicable Section 70A. Sections seventy B to seventy H, inclusive, shall apply to presidential primaries.

M.G.L. c. 53, § 70B Delegates to national conventions; election; number

c. 53, § 70B. Delegates to national conventions; election; number Section 70B. In any year in which candidates for presidential electors are to be elected, the selection of delegates and alternate delegates to national conventions of political parties shall be by that system adopted by the state committee, provided such system shall not include the placing of the names of delegates on the presidential primary ballot; and provided, further, that the distribution of delegates under any such system shall reflect the preference expressed by the voters on the presidential preference portion of the ballot at the presidential primary. The system adopted by the state committee shall be set forth in written rules and procedures covering all aspects of the delegate selection process and a copy of such rules and procedures shall be filed with the state secretary on or before October first of the year preceding the year in which presidential electors are to be elected. The number of district delegates and alternate district delegates, not less than two from each congressional district, and the number of delegates and alternate delegates at large shall be fixed by the state committee, who shall give notice thereof to the state secretary on or before the first Tuesday in January. At such primaries, members of the state, ward and town committees shall also be chosen as provided in chapter fifty-two.

M.G.L. c. 53, § 70C Primaries by wards, precincts or groups of precincts; notice to state secretary

c. 53, § 70C. Primaries by wards, precincts or groups of precincts; notice to state secretary Section 70C. In cities and towns where the question of holding presidential primaries by wards, precincts or groups of precincts is determined by the aldermen or selectmen, they shall give notice of their determination to the state secretary on or before the third Wednesday in November in the year preceding the year in which presidential electors are to be elected.

M.G.L. c. 53, § 70D Nomination papers

c. 53, § 70D. Nomination papers Section 70D. Nominations of candidates for state, ward and town committee shall be by nomination papers which shall be prepared and, on request, furnished by the state secretary. Nomination papers for candidates for state committees shall be signed by at least fifty voters, and nomination papers for candidates for ward and town committees shall be signed by at least five voters. The provisions of section forty-five shall apply to the nomination papers of candidates to be voted for at presidential primaries, except that only candidates for state committee may use the eight word statement allowed under the provisions of said section forty-five; provided, however, that a candidate for state committee may, if he is a veteran, as defined in section one of chapter thirty-one, use the word ''veteran''. The nomination papers of a candidate for state committee who is an elected incumbent thereof may also contain the statement ''Candidate for Re-election''. Nomination papers may contain the name of more than one candidate for members of ward and town committees.

M.G.L. c. 53, § 70E Order of names on ballots; statement of preference; preferential vote count

c. 53, § 70E. Order of names on ballots; statement of preference; preferential vote count Section 70E. The state secretary shall cause to be placed on the official ballot for use at presidential primaries the names of those candidates or potential candidates for the office of president of the United States whom he shall have determined to be generally advocated or recognized in national news media throughout the United States, the names of any other candidates or potential candidates for nomination for president whose names are proposed therefor by nomination papers prepared and furnished by the state secretary, signed in the aggregate by at least twenty-five hundred voters, and the names of those candidates or potential candidates for nomination for president whose names appear on written lists signed by the chairman of the state committees of the political parties, arranged in such order as may be determined by lot under the direction of the state secretary, a blank space in which the voter may, if he does not vote for any of the candidates for president whose names are printed on the ballot insert the name of any person of his choice as a candidate for president and a blank space in which a voter may vote no preference. A vote both for no preference and for a candidate whose name has been inserted by the voter shall be counted as a vote for that candidate. The chairman of the state committee of a political party and the state secretary shall submit lists or prepare lists of candidates for president, as aforesaid, no later than the first Friday in January and shall notify each such candidate forthwith, by registered mail, of the presence of his name on said lists. No name shall be removed from said lists, nor from the ballot, unless such candidate shall file with the state secretary an affidavit stating that he does not desire his name printed upon said ballot at the forthcoming presidential primary. Such affidavit shall be filed with the state secretary no later than five o'clock post meridian on the second Friday in January. The names of candidates for state committee shall next be placed upon the ballot in the manner provided in section thirty-four. The names of candidates for ward or town committee appearing in nomination papers containing three or more nominations shall next be placed upon said ballot, arranged in groups and in the same order as in the nomination papers. The order in which the groups shall appear shall be determined by lot in the manner provided in section thirty-four. The names of candidates appearing in nomination papers containing one or two nominations shall follow, alphabetically arranged. There shall also be printed on the ballot appropriate instructions to aid the voter with respect to expressing his preference for a candidate for nomination as president. Election officers in the presidential primaries, in counting and tabulating the votes showing the voters' preference for president, shall disregard the omission or inaccuracy of initials, the omission, inaccuracy or misspelling of Christian names, and the misspelling of surnames, if the intent of the voter to express a preference for any particular individual can be ascertained. Such statements of voters of presidential preference shall be counted, tabulated and entered in the records of election officers of votes cast.

M.G.L. c. 53, § 70F Canvass of returns; notice; certification; certificates

c. 53, § 70F. Canvass of returns; notice; certification; certificates Section 70F. Upon the receipt of the records of the votes cast at presidential primaries and within four days after said primary the city or town clerk shall forthwith canvass the same and make return of the votes for nomination for president, and for election as members of the state committee to the state secretary, who shall forthwith canvass such returns, determine the results thereof, notify the successful candidates, and certify to the state committees the names of the persons appearing on the ballots as candidates or potential candidates for president and the results of the vote therefor, and the names of the persons elected as members of state committees. Said clerks shall determine the results of the votes for members of ward and town committees, issue proper certificates thereof to the successful candidates and notify the chairmen of the city and town committees of the respective parties, and the chairmen of the state committees of the respective parties.

M.G.L. c. 53, § 70G Filling vacancies

c. 53, § 70G. Filling vacancies Section 70G. In case of the death, withdrawal or ineligibility of a candidate for state committee, the vacancy may be filled as provided in section forty-nine. In case of the death, withdrawal or ineligibility of a candidate for a ward or town committee, the vacancy may not be filled but members may be added as provided in section four of chapter fifty-two. If there is a tie vote, as defined in section fifty-three, for members of the state committee it shall be filled by the ward and town committees of the district in which it exists. If there is a vacancy in a ward or town committee caused by a tie or a failure to elect the number provided for in section nine of chapter fifty-two the members elected shall fill the vacancy. All vacancies caused by ties shall be filled only by the choice of one of the candidates receiving the tie vote.

M.G.L. c. 53, § 70H Applicability of certain other sections

c. 53, § 70H. Applicability of certain other sections Section 70H. The provisions of law relating to primaries and nomination papers consistent with the five preceding sections shall apply to presidential primaries, so far as practicable.

M.G.L. c. 53, § 70I Delegates and alternate delegates to national conventions; voting for president on first roll call

c. 53, § 70I. Delegates and alternate delegates to national conventions; voting for president on first roll call Section 70I. If there is a roll call vote for president at the national convention of a political party, all delegates and alternate delegates whose selection is subject by party rule to the approval of a presidential candidate shall vote on the first such roll call for that presidential candidate unless released by such candidate.

M.G.L. c. 53, § 71 Nomination at caucuses

c. 53, § 71. Nomination at caucuses Section 71. In cities and towns which have not accepted the provisions of law relating to primaries for the nomination of municipal officers, political parties which nominate candidates for elective city or town offices shall do so by direct plurality vote in caucuses, except when city or town charters provide otherwise. All provisions of law relative to the preparation of nomination papers and ballots, to primaries and elections, to ballots cast at primaries and elections, and to recounts of such ballots, shall, so far as applicable, apply to such caucuses.

M.G.L. c. 53, § 72 Regulations for city or town caucuses

c. 53, § 72. Regulations for city or town caucuses Section 72. Each city or town committee may make reasonable regulations, consistent with law, relative to caucuses called by it and to determine membership in the party, and to restrain persons not entitled to vote at caucuses from attendance thereat or taking part therein. But no political committee shall prevent any voter from participating in a caucus of its party for the reason that the voter has supported an unenrolled candidate for political office.

M.G.L. c. 53, § 72A Time for holding city or town caucuses

c. 53, § 72A. Time for holding city or town caucuses Section 72A. Caucuses before regular city or town elections shall be held not later than the thirty-eighth day preceding such city or town elections, notwithstanding any contrary provision in any general or special law.

M.G.L. c. 53, § 73 Caucuses held by precincts or groups of precincts; notice

c. 53, § 73. Caucuses held by precincts or groups of precincts; notice Section 73. If in a city, except Boston, or town wherein elections are held by precincts, the city or town committee of either of the two leading political parties shall file with the aldermen or selectmen, at least two weeks prior to the time of holding its caucuses, a notice that such party desires to hold its caucuses by precincts, or by groups of precincts in any ward, the aldermen or selectmen shall furnish a polling place in each precinct or group of precincts for the use of such party, as provided in section ninety-three, and the caucuses of such party shall be held accordingly.

M.G.L. c. 53, § 74 Caucuses relative to special elections

c. 53, § 74. Caucuses relative to special elections Section 74. Caucuses relative to a special election shall be held at such time and place and subject to such reasonable notice as the political committee whose duty it is to provide for holding the same may determine. Calls therefor shall be issued by the chairman and secretary of said political committee.

M.G.L. c. 53, § 75 Calling of caucuses; notice

c. 53, § 75. Calling of caucuses; notice Section 75. Every caucus of a political party shall be called by a written or printed notice. No caucus or meeting of a political party not so called shall be recognized as valid under sections seventy-one to eighty-one, inclusive. The presiding officer at a caucus shall open it at the hour appointed therefor in the notice thereof.

M.G.L. c. 53, § 76 Persons entitled to vote or take part in caucuses; oath; challenges; penalties

c. 53, § 76. Persons entitled to vote or take part in caucuses; oath; challenges; penalties Section 76. Notices of caucuses shall apply to all members of the party calling them, and to them only. No person having voted in the caucus of one political party shall be entitled to vote or take part in the caucus of another political party within the twelve ensuing months; except that voting or taking part in the caucuses of any municipal party by any voter shall not affect his legal right to vote or to take part in the caucuses of any political party, for any other election, and having voted or taken part in the caucuses of a political party for any previous election, shall not affect his right to vote or take part in the caucuses of any municipal party, nor shall a voter who is enrolled under section thirty-seven or thirty-eight as a member of a political party be entitled to vote in the caucus of another political party held in a city while so enrolled. No voter, not hereinbefore disqualified, shall be prevented from voting or participating in any caucus if he takes the following oath, which shall be administered to him by the presiding officer of the caucus: You do solemnly swear (or affirm) that you are a registered voter in this ward (or town) and have the legal right to vote in this caucus; that you are a member of the political party holding the same, and intend to vote for its candidates at the polls at the election next ensuing; and that you have not taken part or voted in the caucus of any other political party for twelve months last past. Such voter may be challenged like any other voter. Any person whose right to vote is challenged for any cause recognized by law shall not be permitted to vote until he has taken the foregoing oath; and the clerk or secretary of the caucus shall make a record of the administration of said oath to every person taking the same, which record shall state whether or not said person voted. The record shall be returned with the proceedings of said caucus and shall be prima facie evidence in any court that such person took said oath and voted in said caucus. A caucus officer or a voter violating any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.

M.G.L. c. 53, § 77 Balloting; use of voting lists

c. 53, § 77. Balloting; use of voting lists Section 77. In balloting, the voting lists furnished under section sixty-two of chapter fifty-one shall be used as check lists, and no persons shall vote or take part in a caucus whose name does not appear upon said lists, unless he presents to the presiding officer of the caucus the certificate provided for by section fifty-nine of said chapter.

M.G.L. c. 53, § 78 Tie vote for caucus officers

c. 53, § 78. Tie vote for caucus officers Section 78. If there is a tie vote for any caucus officer, the caucus officers elected shall fill the vacancy.

M.G.L. c. 53, § 79 Certificate of election; notice of nomination

c. 53, § 79. Certificate of election; notice of nomination Section 79. The presiding officer and secretary or clerk of each caucus shall within three week days after its final adjournment deliver or send to each caucus officer a certificate of his election, and to each candidate for an elective office a notice of his nomination.

M.G.L. c. 53, § 80 Returns of caucuses where direct nominations made; tabulation of results; notice; recounts

c. 53, § 80. Returns of caucuses where direct nominations made; tabulation of results; notice; recounts Section 80. Returns of all caucuses of political parties at which are made any direct nominations for a district comprising more than one ward, or where caucuses are held by precincts or by groups of precincts in any ward or town, shall be made in accordance with section one hundred and ten. Immediately upon receipt of such returns the city or town clerk shall tabulate and determine the results thereof, shall notify the successful candidates, and cause their names to be printed on the ballot to be used at the ensuing election. Recounts of ballots cast at such caucuses shall be made as provided in section one hundred and twelve.

M.G.L. c. 53, § 81 Tie votes in direct nominations; filling vacancies

c. 53, § 81. Tie votes in direct nominations; filling vacancies Section 81. If there is a tie vote for any candidate of a political party nominated directly for any office, for a district comprising more than one ward, the regularly elected general or executive committee representing the party for the election district in which such vote has been cast shall fill the vacancy, but only by the choice of one of the candidates receiving such tie vote.

M.G.L. c. 53, § 82 Polling places provided; notice

c. 53, § 82. Polling places provided; notice Section 82. At least two weeks prior to the date on which caucuses are to be held, the chairman or secretary of the city or town committee shall notify the aldermen or the selectmen respectively of such date, and said aldermen or selectmen shall, at the expense of the city or town, provide polling places for said caucuses, in case of a city, not less than one for each ward; and shall, at least ten days prior to the date of said caucus, give said chairman or secretary notice of the places so provided.

M.G.L. c. 53, § 83 Notice of caucuses; procedure

c. 53, § 83. Notice of caucuses; procedure Section 83. Notice of caucuses, signed by the chairman and secretary, shall be issued by each city and town committee not less than seven days prior to the day on which they are to be held. The notices shall state the place where and the day and hour when the several caucuses are to be held. They shall be conspicuously posted in at least five places on the public ways, and, if practicable, in every post office in the city or town, or shall be published at least twice in one or more local newspapers. The hour fixed for calling the caucus to order shall not be later than eight o'clock in the evening. The notice shall designate by name or office the person who shall call such caucus to order, and he shall preside until a chairman is chosen. If he is absent at the time appointed, any member of the ward or town committee present shall call the caucus to order and preside until a chairman is chosen. The first business in order shall be the choice of a chairman, a secretary and such other officers as the meeting may determine. No person shall serve as a caucus officer at any caucus in which he is a candidate for a nomination to an elective office.

M.G.L. c. 53, § 84 Balloting; duration

c. 53, § 84. Balloting; duration Section 84. A ballot shall be taken for the choice of any candidate, to be selected by such caucus, and the polls shall be kept open at least thirty minutes.

M.G.L. c. 53, § 85 Tie vote for elective office; proceedings

c. 53, § 85. Tie vote for elective office; proceedings Section 85. If a majority of caucus officers is not elected, or there is a tie vote for candidates for an elective office, the caucus shall at once proceed to another ballot unless some one present entitled to vote objects; in which case the caucus shall adjourn to any subsequent day. The hour and place shall, if practicable, be the same as that named in the call.

M.G.L. c. 53, § 86 Ballots and check lists; transmission to city or town clerk; preservation

c. 53, § 86. Ballots and check lists; transmission to city or town clerk; preservation Section 86. The secretary of each caucus shall forthwith, after the ballots cast therein have been counted, transmit them, with the check list used at the caucus, to the city or town clerk, who shall preserve them for ten days. If during said time ten voters entitled to vote in said caucus shall file with said clerk a written request so to do, he shall preserve the ballots and voting lists for three months, and shall produce the same if required by any court having jurisdiction or authority over them.

M.G.L. c. 53, § 87 Contested elections or nominations; preservation of ballots; notice; recount; penalties

c. 53, § 87. Contested elections or nominations; preservation of ballots; notice; recount; penalties Section 87. If within three week days after any caucus a person who has received votes thereat for nomination or election to any office shall file a written statement with the city or town clerk, claiming an election or nomination or declaring an intention to contest the election or nomination of any other person, the clerk shall preserve the ballots for such nomination or office until the claim or contest has been finally determined. Upon receipt of such statement, the clerk shall immediately give written notice to the persons affected and to the chairman and secretary of the caucus, fixing a time within twenty-four hours thereafter and a place at which said ballots will be recounted. The chairman and secretary of the caucus shall, at said time and place, recount said ballots and determine the questions raised. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certificates of such change shall be made in the manner provided in section five as to an original certificate. Any presiding officer, secretary or clerk of a caucus who wilfully neglects or refuses to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.

M.G.L. c. 53, § 88 Calling of caucuses

c. 53, § 88. Calling of caucuses Section 88. All caucuses for the election of caucus officers, or for the nomination of candidates for any city of town office in any city or town wherein the laws relating to primaries have not been adopted, held by a political party which has adopted the provisions of law for the use of official ballots, shall be called and held as provided in sections eighty-nine to one hundred and sixteen, inclusive.

M.G.L. c. 53, § 89 Adoption of law for official ballots; calling caucuses; notice

c. 53, § 89. Adoption of law for official ballots; calling caucuses; notice Section 89. Any city or town committee shall, at the written request of fifty voters, members of its party, call caucuses of said party to determine by ballot whether the provisions of law for the use of official ballots shall be adopted. The notice of said caucus shall state the purpose for which it is called, the place, the day, and the hour, not earlier than six o'clock and not later than half past seven o'clock in the evening, of holding said caucus. It shall be issued at least seven days prior to the day named therefor, and shall be published at least twice in one or more local newspapers, if any, and shall be posted in at least five public places in each ward or town. The polls shall be kept open at least one hour. If said caucuses shall vote to adopt said provisions, all caucuses of said political party in said city or town shall thereafter be called and conducted accordingly.

M.G.L. c. 53, § 90 Revocation of acceptance of special provisions; notice

c. 53, § 90. Revocation of acceptance of special provisions; notice Section 90. A political party in a city or town which has accepted said special provisions may, not less than one year after the date of the caucus wherein such provisions were adopted, revoke such action at a caucus called and held in the manner provided in the preceding section. Upon the adoption of said provisions or upon the revocation of such adoption, the secretary of the city or town committee of such political party shall, within ten days thereafter, file a notice thereof with the state secretary and with the clerk of the city or town and the secretary of the state committee of the political party so voting.

M.G.L. c. 53, § 91 Time of holding caucuses

c. 53, § 91. Time of holding caucuses Section 91. All such caucuses of a political party for the choice of candidates for a city or town election, except caucuses relating to a special election, shall be held on the same day in each city and town. The city or town committee shall fix the days for holding all caucuses mentioned in this section, and all calls for the same shall be issued by its chairman and secretary. No two political parties shall hold their caucuses on the same day. The party first filing a copy of the call for a caucus with the city of town clerk shall be entitled to precedence as to the day so fixed.

M.G.L. c. 53, § 92 Notices of caucuses; contents

c. 53, § 92. Notices of caucuses; contents Section 92. Notices of caucuses in said cities or towns shall state the place where and the day and hour when nomination papers shall be issued; the place where and the earliest day and hour when such nomination papers may be filed, which time shall be not less than twenty-four week day hours succeeding three o'clock of the day fixed for issuing such papers; the place where and the day and hour prior to which such nomination papers shall be filed; and the day on which the several caucuses will be held, and shall be issued not less than eighteen days prior thereto.

M.G.L. c. 53, § 93 Provision of polling places; voting lines

c. 53, § 93. Provision of polling places; voting lines Section 93. At least two weeks prior to the day named for a caucus, the chairman or secretary of the city or town committee shall give notice of such date to the aldermen or to the selectmen, who shall, at least ten days prior to such date, notify the city or town committee of the places selected for holding the caucuses, and shall, at the expense of the city or town, provide polling places, in a city not less than one for each ward, and in cities and towns where elections or caucuses are held in voting precincts, one in each of such precincts, as the city or town committee shall designate, but not less than one for each ward, and furnish them with booths, registering ballot boxes, guard rails and the like, as they are arranged for state elections, also postage for mailing credentials and notices or certificates of nomination and election. If twenty-five voters of a ward or of a town shall request in writing at least twelve days before any caucus of the political party to which they belong, the aldermen or selectmen shall so arrange the polling place of such ward or town as to allow voting to proceed in two or more lines at the caucus.

M.G.L. c. 53, § 94 Notice by city or town committees

c. 53, § 94. Notice by city or town committees Section 94. At least seven days prior to the day named for a caucus, the city or town committee shall issue a notice that such caucus will be held, stating the place, the day and the hour of holding the same. The hour shall not be earlier than two o'clock in the afternoon nor later than half past seven o'clock in the evening. Such notices, and notices relative to the filing of nomination papers, shall be published at least twice in one or more local newspapers, if any.

M.G.L. c. 53, § 95 Blank nomination papers; contents

c. 53, § 95. Blank nomination papers; contents Section 95. The city or town shall provide, and the city or town clerk shall seasonably prepare, for each political party, blank nomination papers for use in the different wards of the city or in the town. Such papers shall state the place where, and the day and hour prior to which, signed nomination papers shall be filed. On the back of each, the first sentence of section seven, sections forty-five and sixty, and sections ninety-six to one hundred and one, inclusive, shall be printed. They shall be delivered only to the chairman or secretary of the political committee for whose use they have been prepared.

M.G.L. c. 53, § 96 Nominations made by nomination papers; acceptance; vacancies

c. 53, § 96. Nominations made by nomination papers; acceptance; vacancies Section 96. Nominations of candidates for elective city or town offices and for caucus officers to be voted for at a caucus, shall be made by nomination papers, as hereinafter provided. Such nominations shall be made on the blank nomination papers prepared and delivered in accordance with the preceding section; and no nomination paper offered for filing shall be received or shall be valid to which is attached any card, paper or other device, containing the name of a candidate, his written acceptance, or containing the signature of any voter required by this section. Such papers shall be signed in person by at least five voters of the ward or town where the caucus is to be held, and for a district composed of more than one ward shall be signed by a number of voters equal in the aggregate to not less than five voters for each ward in said district, and shall be subject to sections forty-five and sixty, except that the nomination paper of a candidate for caucus officer shall not contain the statement permitted by section forty-five. No vacancy caused by the death, withdrawal or ineligibility of any of the above candidates shall be filled, unless the person entitled to fill such vacancy files the written acceptance of the candidate nominated to fill the vacancy.

M.G.L. c. 53, § 97 Nomination papers; sealing; filing; opening

c. 53, § 97. Nomination papers; sealing; filing; opening Section 97. All nomination papers shall be sealed up and filed with the secretary of the city or town committee not less than ten week days previous to the day on which the caucus is to be held for which the nominations are made, and he shall endorse upon them the time when he received them. They shall not be opened until the time for their filing has expired, when the secretary, at his office, shall publicly open them and publicly announce the nominations therein made.

M.G.L. c. 53, § 98 Correction of errors; notice

c. 53, § 98. Correction of errors; notice Section 98. The secretary of the city or town committee shall immediately give notice to the person filing the nomination paper of any error, irregularity or informality appearing therein, and such person may, within two week days after the time when the nomination papers were opened, correct the same, or said secretary may make such correction.

M.G.L. c. 53, § 99 Proceedings in cities when papers not filed; filling vacancies

c. 53, § 99. Proceedings in cities when papers not filed; filling vacancies Section 99. If, in a city, nomination papers placing persons in nomination for all the offices to be filled at a caucus in any ward are not filed, the secretary of the city committee shall forthwith notify the chairman or secretary of the committee of such ward, who shall forthwith call a meeting of said committee, which may nominate candidates for all offices for which nomination papers have not been filed, and shall immediately file with the secretary of the city committee nomination papers signed by all the members of the committee who agree to the nominations therein made. In case of disagreement two sets of such nomination papers may be filed. If, at the expiration of two week days after the time at which nomination papers were opened, proper nomination papers have not been filed for all the offices to be filled, or upon any vacancy caused by death or otherwise, except a withdrawal, the chairman and secretary of the city committee may file nomination papers for such offices or vacancies.

M.G.L. c. 53, § 100 Proceedings in towns when papers not filed

c. 53, § 100. Proceedings in towns when papers not filed Section 100. If, in a town, nomination papers placing persons in nomination for all the offices to be filled at a caucus are not filed, or upon a vacancy by death or otherwise, except a withdrawal, the chairman or secretary of the town committee shall forthwith call a meeting of said committee, which shall have all the powers relative to the nomination of candidates conferred in the preceding section upon a ward committee and the chairman and secretary of a city committee.

M.G.L. c. 53, § 101 Withdrawals; filling vacancies

c. 53, § 101. Withdrawals; filling vacancies Section 101. A person nominated by a nomination paper may, within forty-eight week day hours succeeding five o'clock in the afternoon of the day fixed for opening nomination papers, withdraw his name from nomination by a request signed by him in person and filed with the secretary of the city or town committee. Thereupon, the secretary shall immediately give notice of such withdrawal and of the provisions of this section to the person who filed such nomination paper, and such person may, within twenty-four week day hours succeeding five o'clock in the afternoon of the last day fixed for making withdrawals, present a new name on a nomination paper signed by himself in person; otherwise the chairman and secretary of the committee may file nomination papers for the vacancy. If at any time after the expiration of the time for filling vacancies it shall appear that a vacancy has been created by death, the chairman of the committee may file with the city or town clerk a new name to fill such vacancy; and if the time is sufficient therefor, the new name shall be printed upon the official ballot.

M.G.L. c. 53, § 102 Nomination papers; delivery to city or town clerk

c. 53, § 102. Nomination papers; delivery to city or town clerk Section 102. Not less than seven week days before the day upon which the caucuses are to be held and before five o'clock in the afternoon of the last day, the secretary of each city or town committee shall deliver to the city or town clerk the nomination papers filed with him.

M.G.L. c. 53, § 103 Nomination papers; correction of errors

c. 53, § 103. Nomination papers; correction of errors Section 103. If an error or informality is found in any nomination paper, it shall be forthwith returned to the secretary of the committee by whom it was filed, for correction; and if not corrected and again filed before five o'clock in the afternoon of the day following its return to said secretary, it shall be void.

M.G.L. c. 53, § 104 Objections to nomination papers

c. 53, § 104. Objections to nomination papers Section 104. Objections to nomination papers, and all other questions relating thereto, shall be considered in cities by the board of registrars, the city clerk and the city solicitor; and in towns by the board of registrars.

M.G.L. c. 53, § 105 Ballots; provision by cities or towns

c. 53, § 105. Ballots; provision by cities or towns Section 105. Ballots for each political and municipal party, ballot boxes, voting lists, specimen ballots, blank forms and apparatus, seals and record books, shall be provided and treated in accordance with sections thirty-two to thirty-six, inclusive, so far as applicable, except that the chairman and secretary of the city or town committee, or, if they fail to do so, the city or town clerk, may determine the number of ballots to be provided for each ward or town, not exceeding one for each voter therein.

M.G.L. c. 53, § 106 Form of official ballot

c. 53, § 106. Form of official ballot Section 106. On the back and outside of each ballot when folded shall be printed the words ''Official ballot of the (here shall be inserted the party name)'' followed by the number of the precinct and ward or the name of the town for which the ballot is prepared, the date of the caucus and a facsimile of the signature of the secretary of the political committee. Ballots shall be printed on white paper, except as otherwise provided by law. Names of candidates for caucus officers shall be arranged in groups in the order in which they are filed. Against the name of a candidate for an elective or caucus office shall be printed the street and number, if any, of his residence. A star (*) against a name shall indicate that a person is a candidate for re-election.

M.G.L. c. 53, § 107 Applicability of certain laws

c. 53, § 107. Applicability of certain laws Section 107. Caucuses, except as otherwise provided, shall be held in general accordance with the laws governing the conduct of elections and the manner of voting thereat.

M.G.L. c. 53, § 108 Order of business

c. 53, § 108. Order of business Section 108. The order of business shall be as follows: First, Any necessary preliminary business. Second, Balloting until half past eight o'clock in the evening, when the polls shall be closed unless the caucus shall vote to keep them open until a later hour; but every voter waiting in line at the hour for closing the polls shall be allowed to vote. Third, After the polls have been closed, any other business properly before the caucus.

M.G.L. c. 53, § 109 Challenges

c. 53, § 109. Challenges Section 109. If the right of a person offering to vote is challenged for any legal cause, and he takes the oath required by section seventy-six, the presiding officer shall require him, or some one in his behalf, to write his name and residence on the outside of the ballot offered, and before it is received the presiding officer shall add thereto the name of the person challenging and the cause alleged for the challenge. No officer or other person shall give any information in regard to a ballot cast by a challenged voter unless required by law so to do.

M.G.L. c. 53, § 110 Counting of ballots; announcement of result; sealing; transmittal of records

c. 53, § 110. Counting of ballots; announcement of result; sealing; transmittal of records Section 110. Immediately after the polls have been declared closed, but not before, the ballots shall be counted in full view of the voters. When they have been counted and the result ascertained, the presiding officer shall make public announcement thereof in open meeting, and the clerk shall, in open meeting, enter in words at length in the record book, the total number of names checked on the voting list, the total number of ballots cast, the names of all persons voted for, the number of votes for each person, and the title of the office for which he was a candidate. The clerk shall forthwith make a copy of said record, certify, seal and transmit it to the city or town clerk. He shall then, before the adjournment of the caucus, and in the presence of those who counted the same, seal up all ballots cast, with the voting lists used, and a statement of any challenge made. The warden and clerk shall endorse upon such package the name of the political party holding the caucus, its date, its purpose, and, if in a city, for what ward and precinct the ballots were cast. The warden shall forthwith transmit, by the officer detailed to attend the caucus, to the city or town clerk, the ballots cast, the voting lists, the ballot boxes, the ballot box seals, the counting apparatus, the copy of the records, and the record book. The city or town clerk shall safely keep such sealed packages for ten days. If within said time ten voters entitled to vote in said caucus file with him a written request so to do, he shall preserve said ballots and voting lists for three months and shall produce them if required by any court having jurisdiction or authority over them.

M.G.L. c. 53, § 111 Voting lists; certified copies

c. 53, § 111. Voting lists; certified copies Section 111. The city or town clerk, upon written application signed by at least ten voters of a ward or town, for a copy of a list as checked, shall open the envelope containing the voting list used at any caucus in such ward or town and shall furnish to them a certified copy thereof as checked.

M.G.L. c. 53, § 112 Recount of ballots

c. 53, § 112. Recount of ballots Section 112. If before five o'clock in the afternoon of the second day next succeeding the day of a caucus, ten or more voters of any town or ward shall sign, adding thereto their respective residences on January first of that year, and file with the city or town clerk a sworn statement that the records and returns made by the caucus officers of such town or ward are erroneous, specifying the error, or that challenged votes were cast by persons not entitled to vote therein, said city or town clerk shall forthwith transmit such statement to the registrars of voters with the sealed package containing the ballots and voting lists, and said registrars shall give written notice to the person affected, fixing a place and time, as early as may be, at which said ballots will be recounted, and at such place and time shall open the packages containing the ballots and voting lists and recount said ballots and determine the questions raised, and shall reject any challenged vote cast by a person found not to have been entitled to vote; and such recount shall stand as the true result of the vote cast in such caucus. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certificates of such change shall be made as in the case of the original certificate.

M.G.L. c. 53, § 113 Caucus officers; eligibility; terms; oaths; duties

c. 53, § 113. Caucus officers; eligibility; terms; oaths; duties Section 113. At the caucus held for the choice of candidates for a city or town election there shall be chosen annually a warden, a clerk, and at least five inspectors, and, in wards having more than five precincts, such additional inspectors as the city committee of the political party whose caucuses are to be held may determine. They shall be voters of the ward or town where elected and members of the political party whose caucus is to be held. No person shall be eligible to the position of warden, clerk or inspector who is a state, county or city employee, or a member of a ward or town committee, and no person shall serve as a caucus officer at any caucus wherein he is a candidate for nomination to an elective office. Every caucus officer shall hold office for one year, beginning with the first day of the month succeeding his election, and until his successor is elected. He shall, before entering upon the performance of his duties, be sworn by the warden, clerk, or a justice of the peace, and a record thereof made upon the record book of such caucus. The respective duties of caucus officers shall be in general the same required of election officers at elections.

M.G.L. c. 53, § 114 Vacancies; additional officers

c. 53, § 114. Vacancies; additional officers Section 114. A majority of the caucus officers present at a caucus may fill temporary vacancies and elect additional officers to serve in that caucus only. Such temporary officers shall be duly sworn. Permanent vacancies shall be filled by a majority vote of all the caucus officers.

M.G.L. c. 53, § 115 Appointment of officers for first caucus

c. 53, § 115. Appointment of officers for first caucus Section 115. A city or town committee of a political party which has adopted the provisions of law for the use of official ballots shall, at least ten days before holding any caucus thereunder, appoint caucus officers in each ward, town, or voting precinct in cities and towns where caucuses are held in such precincts, to serve at the first caucus to be held thereafter.

M.G.L. c. 53, § 116 Caucus officers in newly incorporated cities or cities redivided into wards

c. 53, § 116. Caucus officers in newly incorporated cities or cities redivided into wards Section 116. In a newly incorporated city, or upon a redivision into wards of a city to which said provisions apply, the caucus officers to serve in the first caucuses held in the next succeeding year shall be appointed by the city committee; and at such caucuses the regular caucus officers shall be chosen. Where additional polling places are provided, after the election of caucus officers, officers to act in such polling places shall be appointed by the city committee.

M.G.L. c. 53, § 117 Caucuses to nominate municipal officers; convention delegates; committees

c. 53, § 117. Caucuses to nominate municipal officers; convention delegates; committees Section 117. A caucus of the voters, or of a specified portion thereof in a ward of a city, or in a town, may be called and held for the nomination of candidates to be voted for at any city election, or at any election of town officers for which official ballots are used, or for the selection of delegates to a convention, or for the appointment of a committee. The proceedings of such caucuses shall be invalid unless at least twenty-five voters participate and vote therein. Except as provided in this section and in section one hundred and twenty-one, no caucus or meeting other than those of political parties shall be entitled to nominate a candidate whose name shall be placed on the official ballot, or to select delegates to a political convention for the nomination of a candidate whose name shall be placed on such ballot.

M.G.L. c. 53, § 118 Notice of caucus; chairman; order of business

c. 53, § 118. Notice of caucus; chairman; order of business Section 118. The notice for a caucus under the preceding section shall be written or printed, shall state the place where, and the day and hour when, said caucus is to be held, shall be issued at least seven days prior thereto, and shall be conspicuously posted in at least five places on lines of public travel, and, if practicable, in every post office within the city or town, or shall be published at least twice in one or more local newspapers. Said notice shall be signed by one or more voters of the ward, town or district for which the caucus is called, and shall designate by name or office the person who shall call such caucus to order, and he shall preside until a chairman is chosen. In his absence, the caucus may choose a temporary chairman. The first business in order shall be the organization of the caucus by the choice of a chairman, a secretary, and such other officers as the meeting may require. The persons receiving the highest number of votes shall be declared elected or nominated. The caucus may adopt regulations consistent with law.

M.G.L. c. 53, § 119 Elections by ballot; written request

c. 53, § 119. Elections by ballot; written request Section 119. Upon the written request of ten or more voters present at a caucus and entitled to vote therein, presented by a motion or otherwise to the presiding officer for the time being, at any time before the choice of the officer to which it relates, any candidate, delegate or member of a political committee, and unless the caucus votes otherwise, the chairman of the caucus, shall be elected by ballot. In balloting, the voting lists furnished under section sixty-two of chapter fifty-one shall be used as check lists.

M.G.L. c. 53, § 120 Preservation of ballots and voting lists

c. 53, § 120. Preservation of ballots and voting lists Section 120. The secretary of a caucus held under the three preceding sections shall, at the written request of ten voters entitled to vote in the caucus, preserve all ballots cast and voting lists used therein for three months, and shall produce the same if required by any court, board, convention or other tribunal having jurisdiction thereof.

M.G.L. c. 53, § 121 Calling town caucus at annual meeting; rescission; nominations; tie vote

c. 53, § 121. Calling town caucus at annual meeting; rescission; nominations; tie vote Section 121. A town in which official ballots are used, may at any annual meeting vote to hold a town caucus for the nomination of candidates for town officers required to be voted for by official ballot at its annual meeting and after such vote has been in effect therein for a period of not less than three years may, by a vote at a meeting held at least sixty days before an annual town meeting, rescind such action. Such caucus shall be called by the selectmen in the same manner as provided in section one hundred and eighteen for the calling of other caucuses and shall be called to order by the town clerk who shall preside until the election of a chairman. Except as aforesaid, the town clerk shall not act or serve as a caucus officer. The town in town meeting may determine whether nominations shall be made separately or partly or wholly on one ballot, and may within the limits defined by law, prescribe the day and hour when such caucus shall be held and how long the polls shall be kept open, and make provision for the preparation and use of ballots. Such action may be altered, amended or rescinded at any future town meeting but shall continue in effect until so altered, amended or rescinded. At a town caucus held under the provisions of this section the two persons receiving the highest number of votes cast for the nomination of candidates for an office shall be declared nominated for such office; but, if two or more persons are to be elected to the same office at such election, the several persons, to a number equal to twice the number so to be elected to such office, receiving at such caucus the highest number of votes, the second highest number of votes, and so on to the number to be nominated shall be the candidates whose names shall be printed on the official ballots to be used at such election. If the caucus results in a tie vote among candidates for nomination receiving the smallest number of votes, which, but for the tie vote, would entitle a person receiving such number to have his name printed upon the official ballot for the election, all candidates participating in such tie vote shall have their names printed upon the official ballots, although there be printed upon them the names of candidates to a number exceeding twice the number to be elected. If a person receives less than eight per cent of the votes of those voting for candidates for such office, he shall not be declared nominated therefor, although thereby the number of names to be printed upon the official ballots will be less than twice the number to be elected. During such time as town caucuses are held under this section in any town, no political or municipal party caucus shall be held therein for the nomination of candidates for town office. The provisions of sections one hundred and seventeen to one hundred and twenty, inclusive, so far as applicable, shall apply to caucuses held under this section.

M.G.L. c. 53, § 122 Regional school district-wide elections; applicable provisions

c. 53, § 122. Regional school district-wide elections; applicable provisions Section 122. The following provisions shall apply to regional school district-wide elections: (a) Any person who is a resident of a member community and is a registered voter in the community in which he resides shall be entitled to have his name printed on the ballot to be used in the district-wide election if he shall file with the district clerk nomination papers signed by the number of voters as provided in section six who are registered and qualified to vote in the regional school district in which he resides. (b) The state secretary shall supply candidates with a certificate of nomination and nomination papers through the district clerk. (c) Other provisions of this chapter and chapters fifty-four and fifty-six relative to state elections shall apply to regional school district elections. (d) Every nomination paper of a candidate shall be submitted to the registrars of the city or town where the signers appear to be voters on or before five o'clock post meridian of the twenty-eighth day preceding the day on which it must be filed with the district clerk. Nomination papers shall be filed by the candidate with the district clerk on or before the eleventh Tuesday preceding the day of election. The district clerk shall certify a correct list of candidates to the state secretary on or before the tenth Tuesday preceding the day of election. If the state secretary does not receive said certified list of candidates, on or before said date, the names of candidates for the regional district school committee shall not be printed on the ballot. The district clerk shall receive the election results from the city and town clerks, tabulate the results and certify the winners.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVIII/Chapter53Fetched: 10/20/2026