THE STATE BALLOT LAW COMMISSION

M.G.L. pt. Part I, tit. Title VIII, ch. c. 55B

in effect

M.G.L. c. 55B, § 1 Establishment and membership of commission

c. 55B, § 1. Establishment and membership of commission Section 1. There shall be a state ballot law commission consisting of five persons to be appointed by the governor, one of whom shall be a retired justice of the supreme judicial court, appeals court, superior court or district courts of the commonwealth who shall be chairman. The chairman shall serve for a term of one year from February first of the year in which he was appointed and may be reappointed for further terms. The other members of said commission shall serve for terms of two years from February first of the year in which they were appointed and may be reappointed for further terms. No more than three members of the commission shall be members of the same political party. Vacancies occurring during the term of any member shall be filled for the unexpired term by the governor within sixty days of the occurrence of said vacancy. The governor may remove any member of the commission. The state secretary shall serve as the secretary of the commission.

M.G.L. c. 55B, § 2 Members holding or nominated for public office

c. 55B, § 2. Members holding or nominated for public office Section 2. No member of said commission shall hold any public office except that of justice of the peace, notary public, or be a candidate for public office, or member or employee of any political committee. If any member of the commission shall be nominated as a candidate for public office and shall not in writing decline said nomination within three days, he shall be deemed to have vacated his office as a member of said commission.

M.G.L. c. 55B, § 3 Compensation; record of proceedings; clerical assistance

c. 55B, § 3. Compensation; record of proceedings; clerical assistance Section 3. The members of the commission shall each be paid such compensation for their services not exceeding five thousand dollars annually, as the governor may determine, and shall be reimbursed for expenses necessarily incurred in the performance of their duties. The chairman of the commission shall cause the proceedings thereof to be recorded by a competent stenographer, which may include tape recording, and for such purpose and other necessary expenditures of the commission for clerical assistance may expend such sums as may be appropriated therefor.

M.G.L. c. 55B, § 4 Powers and duties of commission

c. 55B, § 4. Powers and duties of commission Section 4. The commission may investigate upon objection made in accordance with the provisions of this chapter the legality, validity, completeness and accuracy of all nomination papers and actions required by law to give candidates access to a state ballot or to place an initiative or referendum on a state ballot. The commission shall have jurisdiction over and render a decision on any matter referred to it, pertaining to the statutory and constitutional qualifications of any nominee for state, national or county office; the certificates of nomination or nomination papers filed in any presidential or state primary, state election, or special state primary or election, the withdrawal of nomination for any state, county, or federal office after the time to do so has expired or any ineffective withdrawal; the filing of nomination papers under a false name, or fictitious nominees; and the fraudulent or forged signing of statewide initiative or referendum petitions, or any other objection relating to the signatures on such petitions. The commission shall have no jurisdiction with respect to public policy questions, nor city or town candidates and ballot questions. The commission may summon witnesses, administer oaths, and require the production of books, records and papers at a hearing before it upon any matter within its jurisdiction. Witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties as witnesses in civil cases before the courts. Any member may sign a summons or administer an oath. In the event that said commission fails to render its decision within the time required in this chapter on any matter so referred, the state secretary shall, notwithstanding such failure, proceed forthwith to cause to be printed the ballots for such primaries or elections. Petitions for judicial review of decisions of the commission, under the provisions of chapter thirty A, shall be filed in the court within five days after receipt of the notice of the final decision of said commission. The commission shall establish rules of procedure in conformance with the provisions of chapter thirty A governing the conduct of hearings and investigations which shall be made available in printed form to each party prior to appearance or testimony before the commission.

M.G.L. c. 55B, § 5 Objections; federal, state, and county offices

c. 55B, § 5. Objections; federal, state, and county offices Section 5. Objections to certificates of nomination and nomination papers for candidates at a presidential primary, state primary, or state election shall be filed with the state secretary within seventy-two hours succeeding five o'clock post meridian of the last day fixed for filing nomination papers. Candidates challenging the registrars' failure to certify names on their nomination papers shall do so in accordance with the provisions of section six. Objections relating to the original signers of an initiative or referendum petition shall be filed with the state secretary within five days after the original petition has been filed with the state secretary. Objections that signatures appearing on an initiative or referendum petition have been forged or placed thereon by fraud and that in consequence thereof the petition has not been signed by a sufficient number of qualified voters actually supporting such petition, as required by the constitution, or any other objection relating to signatures on such petitions, may be filed with the state secretary not later than five o'clock post meridian on the thirtieth day succeeding the last day for filing such initiative petition. Objections that the supplemental signatures necessary to place an initiative petition on the ballot after rejection by the legislature, have been forged or placed thereon by fraud and that in consequence thereof the petition has not been signed by a sufficient number of qualified voters actually supporting such petition, or any other objection relating to signatures on such petitions, as required by the constitution shall be filed not later than five o'clock post meridian on the seventh day succeeding the last day for filing such additional signatures. Objections to nominations at state primaries shall be filed with the state secretary within six days succeeding five o'clock in the afternoon of the day of holding such primaries. Objections to nomination papers of candidates to be voted for at primaries or general elections may be made by any registered voter of the district in which a candidate seeks nomination. Such objection shall not be valid unless it contains the voting address of the person filing the objections, as shown upon the current annual register of voters. Objections to signatures appearing on an initiative or referendum question may be made by any registered voter of the commonwealth. Such objections shall contain in detail each ground for protest with respect to said nomination papers, initiative and referendum petitions or primary nominations. Each objection, or objections by any person to any candidate or initiative referendum petition shall be accompanied by a nonreturnable filing fee of twenty-five dollars. If the commission declines jurisdiction of such objection the filing fee shall be returned. Anyone filing an objection under this section shall not later than the day after which it is filed, mail by registered or certified mail, return receipt requested, a copy of such objection as filed with the commission to the candidate against whose nomination papers, initiative and referendum petition or primary nomination, such objection is made. Failure to do so shall invalidate any objection filed with the commission. No objection shall be considered by the commission unless such objection is accompanied by a certificate of voter registration issued by the board of registrars of voters, or the clerk of the same, where the person filing the objection resides, stating that he is a registered voter in the district of the candidate being challenged. The certificate of registration shall be substantially as follows: The Commonwealth of Massachusetts Certificate of Voter Registration I hereby certify that ___ is a registered voter at ___(street and number), ___(ward & precinct) in this city or town. Clerk of Board of Registrars of Voters or Election Commissioners of (City-Town) All objections filed under this section shall be forwarded to the commission by the state secretary.

M.G.L. c. 55B, § 6 Signatures; review; correction

c. 55B, § 6. Signatures; review; correction Section 6. This section applies only to candidates for president who file nomination papers to be placed on the ballot at presidential primaries, and to all candidates at regular state primaries and biennial state elections. Any candidate who has filed nomination papers with the local registrars and who has an insufficient number of certified signatures for nomination to the office sought, or, any candidate who has enough signatures certified for nomination but only has ten per cent or less certified signatures in excess of the number needed for nomination may request a review of the signatures he filed by making written application to the registrars. Said application shall list the signatures not previously certified by the registrars on which the candidate is requesting a review. Local registrars, upon receipt of any such written request shall review the signatures appealed by the candidate and correct any errors or mistakes in certification. Review and corrections shall be completed no later than twenty-four hours before the final hour for filing said papers with the state secretary. Candidates may request only one review. Said application shall be submitted to the registrars no later than forty-eight hours after the last day for the registrars to certify nomination papers. Local registrars shall be responsible for defending their actions with respect to original certification, reviews and corrections. A candidate who has a deficient number of signatures or who still has ten per cent or less signatures in excess of the number needed for nomination, after completion of the review process, and who has filed his papers with the state secretary by five o'clock post meridian of the last day for filing such nomination papers may appeal from the decision of the local registrar to the superior court of the county in which the candidate is a resident; provided, however, that if such superior court is not holding a civil session the superior court of Suffolk county. Such appeal shall be in the form of a civil action and shall be filed within seventy-two hours of the last day and time for filing nomination papers with the state secretary. The commission shall not have jurisdiction over any appeal brought under this section.

M.G.L. c. 55B, § 7 Objections; city and town offices

c. 55B, § 7. Objections; city and town offices Section 7. Objections to certificates of nomination, nomination papers, or withdrawals for city offices, or to petitions for local ballot questions shall be filed with the city clerk within two working days of the last day fixed for filing such nomination papers, withdrawals, or petitions, or of the day on which certification of the names on a petition must be completed, whichever is later, except where city charters provide otherwise. Objections to certificates of nomination, nomination papers or withdrawals for town offices, or to petitions for local ballot questions, shall be filed with the town clerk within two working days of the last day fixed for filing such nomination papers, withdrawals, or petitions, or of the day on which certification of the names on a petition must be completed, whichever is later, except where town charters provide otherwise. Objections filed with the city or town clerk shall forthwith be transmitted by him to the board authorized to hear such objections as provided under this section. Objections in cities, except in the city of Boston, shall be considered by the board of registrars of voters and the city solicitor. Objections in towns shall be considered by the board of registrars of voters. Boards in cities and towns may, at hearings on such objections, summon witnesses, administer oaths and require the production of books, records and papers. Such witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties for default, as witnesses in civil cases before the courts. A summons may be signed, and an oath may be administered by any member of such board. When such objection has been filed, notice thereof shall be sent forthwith by registered or certified mail, return receipt requested, by the city or town clerk to the candidates affected thereby, addressed to their residences as given in the certificate of nomination or nomination papers, and to any party committee interested in the nomination to which such objection has been made; or in the case of local ballot questions to the first five names appearing on the petition or any other persons designated as sponsors of the petition. If more candidates bearing the same designation are nominated for an office, otherwise than by nomination papers, than are to be elected thereto, such boards shall determine the candidates, if any, entitled to such designation. Such boards shall render a decision on any matter referred to them, pertaining to certificates of nomination or nomination papers or to petitions for local ballot questions for any regular or special city or town primaries or any regular or special city or town election, or to withdrawals of nomination therefor, not later than four days after the last day fixed for filing objections to such certificates, papers, petitions, or withdrawals, as the case may be, under this chapter. But such decision need not be rendered until fourteen days after the last day fixed for filing objections to a petition, if the timing of such decision will not thereby prevent the question from qualifying for the ballot not later than thirty days before any previously scheduled election at which the question could appear. In the event that any such board fails to render within the aforesaid period its decision on any matter so referred, the city or town clerk shall, notwithstanding such failure, proceed forthwith to cause to be printed the ballots for such primaries or elections.

M.G.L. c. 55B, § 8 Notice of objections

c. 55B, § 8. Notice of objections Section 8. The commission with respect to objections to certificates of nominations or nomination papers except those for a special primary or election shall by five o'clock post meridian of the Wednesday following the last day for filing such objections notify all parties involved that objection has been made to their certificates of nomination or nomination papers. The commission with respect to objections to signatures or initiative or referendum petitions shall by five o'clock post meridian of the Wednesday following the last day for such objections notify all parties involved that objection has been made to their initiative or referendum petition. The commission with respect to objections to supplemental signatures necessary to place an initiative petition on the ballot after rejection by the legislature shall by five o'clock post meridian of the Friday following the last day for filing such objections notify all parties involved that objection has been made to their additional signatures. The commission with respect to objections to nominations at state primaries, except special primaries shall by five o'clock post meridian of the Tuesday following the last day for filing such objections notify all candidates affected thereby that objection has been made to their nomination. Notification shall be by registered or certified mail, return receipt requested. All notifications shall contain in detail the objections made, as well as the date, time, and the location of said hearing. Notifications shall be addressed to the residences as given in the certificates of nomination, nomination papers, and to the initial ten signers of a petition as the case may be. In addition, such notification shall also contain the rules or procedure that will be used in conducting said hearings.

M.G.L. c. 55B, § 9 Hearings on objections

c. 55B, § 9. Hearings on objections Section 9. Hearings on objections to certificates of nomination or nomination papers, except for special primaries and elections, shall not be held prior to the second Monday following the Friday for filing such objections. Hearings on objections to signatures on initiative or referendum petitions shall not be held prior to the second Monday following the last day for filing such objections. Hearings on objections to supplemental signature filings for initiative petitions shall not be held prior to the first Wednesday following the last day for filing such objections. Hearings on objections to nominations at regular state primaries shall not be held prior to the Monday following the last day for filing such objections.

M.G.L. c. 55B, § 10 Decisions

c. 55B, § 10. Decisions Section 10. The commission shall render a decision on any matter referred to it, pertaining to certificates of nomination or nomination papers for any presidential or biennial state primaries or any biennial state election or to withdrawals of nomination therefore, not later than five o'clock post meridian on the twenty-first day after the last day fixed for filing objections to such certificates or papers or for filing such withdrawals, as the case may be, under the provisions of this chapter. The commission shall render a decision on any matter referred to it pertaining to nominations made at biennial state primaries, not later than five o'clock post meridian on the fourteenth day after the last day fixed for filing objections to such nominations. The commission shall render a decision on any matter referred to it, pertaining to objections that signatures appearing on an initiative or referendum petition have been forged or placed thereon by fraud and that in consequence thereof the petition has not been signed by a sufficient number of qualified voters actually supporting such petition, as required by the constitution, no later than the twenty-first day after the last day fixed for filing objections to such signatures. The commission shall render a decision on any objection filed with respect to the supplemental filing of signatures for initiative petition to be placed on the ballot after the rejection by the legislature of such petition no later than five o'clock post meridian in the afternoon on the fourteenth day after the last day fixed for filing objections to such signatures. The commission shall render a decision on any matter referred to it pertaining to certificates of nomination or nomination papers for any special state primary or special state election not later than five o'clock post meridian in the afternoon on the fourth day after the last day fixed for filing objections to such certificates or papers.

M.G.L. c. 55B, § 11 Vacating nominations; nonexisting persons; false names

c. 55B, § 11. Vacating nominations; nonexisting persons; false names Section 11. If objection is filed under section five or section seven by a person duly nominated for any state, city or town office alleging that an apparent nomination for the same office is a fictitious or nonexisting person or that the name under which a person has been apparently nominated for such office is not his true name, the commission or the proper board named in section six shall summon the apparent nominee to appear before it and submit to examination. If no person appears in response to such summons or if a person representing himself to be the nominee appears and after a hearing the commission or board is satisfied that the allegations contained in such objection are true, the commission or board shall sustain the objection and vacate the nomination.

M.G.L. c. 55B, § 12 Records of decisions; transcripts of hearings

c. 55B, § 12. Records of decisions; transcripts of hearings Section 12. The commission shall be required to keep records of all decisions and an official transcript of all proceedings of the hearings. These documents shall be stored in the office of the state secretary. The commission shall upon written request provide any person appealing a decision by the commission a copy of the transcript from hearings pertaining to his case, in accordance with rules and regulations established in conformance with chapter thirty A. All records and transcripts of the commission shall be open to the public.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVIII/Chapter55BFetched: 10/20/2026