[ Section impacted by 2020, 45, Secs. 1 and 1A, as amended by 2020, 92, Secs. 1 to 3, effective March 23, 2020; 2020, 92 Secs. 15 to 17 effective June 5, 2020; 2020, 115, Secs. 6 and 12, effective July 6, 2020; and 2021, 5, Secs. 1 and 2, effective March 16, 2021 and 2020, 255, effective December 31, 2020 as amended by 2021, 5, Secs. 4 to 8 effective March 16, 2021 and 2021, 29, Secs. 51 to 55, effective July 29, 2021, relating to elections in order to address disruptions caused by the outbreak of COVID-19.]
Section 13. Such election officers shall be enrolled voters so appointed as equally to represent the 2 leading political parties, except that, without disturbing the equal representation of such parties, not more than 1/3 of the election officers not representing either of them may be appointed. The warden shall be of a different political party from the clerk, and not more than one half of the inspectors shall be of the same political party. In each case the principal officer and his deputy shall be of the same political party. The preceding party representation requirements of this section apply only if the chairman of the city or town committee of each political party or the chairman of the state committee of such party files with the registrars lists of enrolled members of the party who desire appointment as election officers in accordance with the provisions of sections eleven B and twelve. Except as otherwise provided in sections eleven and twelve, every election officer shall hold office for one year, beginning with September first succeeding his appointment, and until his successor is qualified, or until his removal; provided, that election officers appointed to count and tabulate votes shall serve at such primaries or elections and at such times as shall be designated by the appointing authority. An election officer may be removed by the mayor, with the approval of the aldermen, or by the selectmen, after a hearing, upon written charge of incompetence or official misconduct preferred by the city or town clerk, or by not less than six voters of the ward, or, in a town, of the voting precinct where the officer is appointed to act.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 1 - Decennial Division of Cities Into Wards and Precincts
Section 4 - New Divisions of Cities Into Wards, When Effective; Congressional Districts
Section 5 - Maps or Descriptions of New Divisions; Publication and Posting
Section 6 - Division of Towns Into Voting Precincts
Section 7 - Changes in Voting Precincts of Towns
Section 7a - Dividing Precincts to Facilitate Voting; Applicable Laws
Section 8 - Maps or Descriptions of New Precincts; Posting
Section 9 - Discontinuance of Voting Precincts
Section 9a - Redivision Into Precincts or Districts; Elections Thereafter; Census
Section 10 - Changes in Wards; Notice to State Secretary
Section 11 - Election Officers in Certain Cities
Section 11b - Filing for Appointment in Cities; Procedure; Eligibility; Examinations
Section 12 - Election Officers in Towns; Procedure; Eligibility; Examinations
Section 13 - Party Representation; Term of Office; Removal
Section 14 - Vacancies; Filling
Section 15 - Eligibility of Candidates
Section 16a - Vacancies; Appointments to Fill
Section 17 - Ballot Clerks; Duties
Section 22 - Compensation of Election Officers
Section 23 - Supervisors of Elections; Political Party Representation; Violations
Section 24 - Designation of Polling Places
Section 25 - Marking Shelves and Guard Rails
Section 25a - Display of National Flag
Section 26 - State Ballot Boxes; Furnishing
Section 27 - Blank Forms and Envelopes for Returns; Injury, Tampering, or Destruction; Penalties
Section 28 - Care, Custody and Repair of Ballot Boxes, Counting Apparatus, and Voting Machines
Section 29 - Replacement of Defective, Lost or Destroyed Ballot Boxes
Section 30 - Voting Place or Precinct Seals; Use and Custody
Section 30a - Custodians of Voting Machines; Duties; Eligibility
Section 32 - Examination and Approval of Voting Equipment
Section 33 - Requirements and Use of Voting Machines, Electronic Voting Systems, and Ballots
Section 33a - Additional Requirements for Voting Machines
Section 33b - Use of Voting Machines; Regulations; Mechanical Failures
Section 33c - Instructions to Voter After Entering Voting Machine Booth; Re-Entry After Voting
Section 33d - Voting for Persons Not Listed on Ballot Labels of Machine
Section 33f - Computers and Counting Units; Central Tabulation Centers; Preparation; Testing
Section 33h - Election Officers for Tabulation Center; Tabulation of Votes
Section 34 - Use of Voting Machines by Cities and Towns
Section 35b - Casting Challenged Votes Where Voting Machines Used; Counting Votes
Section 36 - Number of Election Officers Present When Voting Machines Used
Section 37 - Regulations for Use of Voting Machines, Ballot Boxes, Etc.
Section 39 - Seller's Bonds; Electronic Voting Systems, Voting Machines or Ballot Boxes
Section 40 - Preparation and Furnishing
Section 41 - Names; Residences; Political Designation; Incumbents
Section 41a - Governor and Lieutenant Governor Candidates; Grouping Party Nominees; Order
Section 42 - Arrangement of Names; Blank Spaces; Name of City or Town, Etc.
Section 42a - Questions Submitted to Voters; Designation
Section 42b - Public Policy Questions; Placement on Ballots
Section 42c - Deadline for Ballot Questions
Section 43 - Presidential Electors; Arrangement of Names
Section 45 - Number of Ballots Provided; Ballot Labels for Voting Machines
Section 46 - Packaging Ballots; Record
Section 47 - Vacancies; Printing Ballots
Section 48 - Cards of Instruction; Specimen Ballots; Copies of Information for Voters Material
Section 48a - Voters' Bill of Rights; Postings; Preparation and Revision
Section 49 - Lists of Candidates; Copies of Proposed Constitutional Amendments or Laws
Section 50 - City Elections; Posting Names of Candidates
Section 51 - Town Elections; Posting Names of Candidates
Section 54 - Arguments on Measures; Preparation; Submission, Filing; Printing; Mailing
Section 59 - Packaging and Delivery to City or Town Clerks
Section 60 - Duties of City and Town Clerks; Delivery to Polls; Receipts
Section 61 - Failure to Deliver; Substitute Ballots
Section 62 - Biennial State Elections
Section 63 - Calling City and Town Elections; Notice
Section 64 - Notices or Warrants; Requisites; Time of Opening and Closing Polls
Section 65 - Activities at Polling Places; Regulations; Penalties
Section 66 - State Ballot Boxes; Use and Custody
Section 67 - Voting Lists; Delivery and Use; Voting by Persons Not on List
Section 67a - Additional State Ballot Boxes; Use in Towns
Section 68 - Statements Made Before Public Declaration of Vote; Penalties
Section 69 - Persons Permitted Within Guard Rail
Section 70 - Number of Voters Permitted Within Guard Rail; Voters in Line at Closing Time
Section 71 - Presiding Officers; Powers and Duties
Section 71a - Supervision of Election Officers in Cities and Towns
Section 72 - Preservation of Order by Police
Section 73 - Smoking or Intoxicating Liquors in Polling Places Prohibited; Penalties
Section 74 - Detention of Offenders; Effect on Right to Vote
Section 75 - Report of Violations; Prosecutions
Section 76 - Voting; Giving Name and Address Upon Request; Delivery of Ballot
Section 76b - Failure to Present Voter Identification; Right to Challenge Vote
Section 76c - Provisional Ballot
Section 78 - Voting for Presidential Electors, Governor, and Lieutenant Governor; Marking Ballots
Section 79 - Assistance in Marking Ballots
Section 80 - Prohibited Markings; Use of Red Pencils or Red Ink by Election Officers
Section 82 - Folding Ballots; Time for Marking Ballots
Section 83 - Deposit of Ballots, Voting List Check, Endorsement
Section 84 - Removal of Ballots Before Close of Polls
Section 85 - Challenge of Person's Right to Vote, Procedures
Section 86 - Absent or Physically Disabled Voters
Section 87 - Preparation of Absent Voting Ballots, Envelopes, Instructions
Section 88 - Distribution of Absent Voting Ballots
Section 89 - Applications; Seasonably Filed; Spoiled Ballots; Application by Family Member
Section 91 - Applications; Filing and Certification; Notation on Voting Lists; Posting
Section 91a - Applications of Specially Qualified Voters
Section 91b - Delivery of Ballots
Section 93 - Time for Mailing or Delivering Ballots
Section 94 - Examination of Ballots; Acceptance or Rejection
Section 97 - Immaterial Irregularities
Section 98 - Absent Voter Unable to Mark Ballot
Section 99 - Late Ballots; Disposition
Section 100 - Voting in Person; Death of Absent Voter
Section 102 - Printed Information and Instructions as to Absent Voting
Section 103 - Jurisdiction of Courts
Section 103p - City or Town Elections; Preliminary Elections or Primaries
Section 103q - Informality; Liberal Construction
Section 104 - Use of State Blank Forms and Apparatus; Canvass of Votes
Section 105 - Proceedings at Close of Polls; Counting Votes; Announcing and Recording Results
Section 106 - Defective Ballots
Section 107 - Enclosing and Sealing Ballots and Voting Lists; Certification
Section 108 - Copies of Voting Lists as Checked
Section 109 - Ballots and Lists; Custody; Disposition
Section 109a - Audit of Votes Following Presidential General Election
Section 110 - Rejection of Records
Section 110a - Central Tabulation Facilities
Section 111 - Examination of Precinct Records; Errors; Certification
Section 112 - Copies of Records of Votes to State Secretary
Section 113 - Unsealed Copies Transmitted to State Secretary; Proceedings
Section 114 - Endorsement or Memorandum of Receipt
Section 116 - Certification of Results; Summons; Certificates of Election
Section 116a - Election of Person Not Listed on State Ballot; Financial Interest Statement
Section 117 - Return to State Secretary; Laying Before Legislature; Filing
Section 119 - Petition to Court for Declaration of Election; Notice; Hearing
Section 120 - Procedure; Compulsion and Immunity of Witness
Section 121 - Examination of Records; Certificates of Election; Notice to State Secretary
Section 122 - Board of Examiners; Duties; Certificates of Election; Notice to State Secretary
Section 123 - Incomplete Records; New Copies of Returns
Section 129 - Copies of Returns of Votes; Transmittal to State Secretary
Section 130 - Number of Ballots Cast; Statement at Length
Section 131 - Violations; Effect on Records
Section 132 - Number of Names Checked; Certification
Section 133 - Number of Registered Voters, etc.; Report
Section 134 - Contested Elections; Retention of Ballots; Recounts
Section 135a - Recount Where Voting Machines Used; Period During Which Machines Locked and Sealed
Section 135b - Recount Where Electronic Voting System Used; Petition Specifying Recount by Hand
Section 136 - Information Regarding Ballots Cast by Challenged Voters
Section 137 - Election Results in Cities; Declaration Before Recounts; Certificates of Election
Section 138 - Presidential Electors
Section 140 - Senators and Representatives in Congress; Vacancies
Section 141 - Representatives in General Court; Vacancies
Section 142 - District Attorneys and County Officers
Section 143 - County Treasurers; Registers of Deeds
Section 143a - Register of Deeds; Vacancies
Section 144 - County Commissioners
Section 145 - Death After Election but Before Term
Section 146 - Notice to State Secretary
Section 147 - Elections to Fill Vacancies
Section 148 - Meetings; Organization; Record of Proceedings
Section 151 - Presidential Electors
Section 152 - Senators in Congress
Section 153 - Representatives in Congress
Section 154 - District Attorneys
Section 155 - Clerks of Courts
Section 156 - Registers of Probate
Section 157 - Registers of Deeds
Section 158 - County Commissioners
Section 160 - County Treasurers