Section 35. The body, board or official charged with the conduct of elections shall cause to be done all things necessary to properly carry on primaries and elections where voting machines are used. Before every primary and election they shall cause to be placed on public exhibition one or more machines for the instruction of voters. Such machines shall be equipped with ballot labels as nearly as practicable like those to be used on the machine at the primary or election, as to titles of offices, names of candidates and forms of questions. On the day of the election they shall provide at each polling place a mechanical model of the voting machine, which shall be placed outside the guard rail and shall be suitable for the instruction of the voters and illustrating the manner of voting. Before the opening of the polls they shall cause each machine to be prepared for use and delivered at the polling place. On the day of the election the keys to each voting machine shall be delivered by the city or town clerk to the election officers a reasonable time before the opening of the polls in a separate sealed envelope on which shall be written the number and location of the election precinct or polling place, the number of the voting machine, the number of the seal with which it is sealed and the number registered on the protective counter as reported by the city or town clerk. No such envelope shall be opened until at least one of the election officers from each of two political parties are present at the polling place and have examined the envelope to see that it has not been opened. Before opening such an envelope, all election officers present shall examine the seal on the machine to see that it is intact, and they shall compare the numbers on the envelope with the numbers registered on the protective counter and on the seal on the machine to see whether or not they agree. If they do not agree, the machine shall not be opened until the city or town clerk shall have been notified and personally or by the custodian designated under section thirty A shall have examined such machine and certified that it is properly prepared and arranged for the election. If the numbers agree, the election officers shall open the doors of the counter compartment of the machine. All the election officers present shall examine the counter compartment of every machine to see whether or not it registers zero. A candidate for public office whose name appears on said machine or his representative duly authorized in writing shall likewise be permitted to examine and check the figures on the back of a voting machine before the polls open to determine that its figures are properly registered. In cities and towns which use printer type voting machines approved pursuant to section thirty-two, such examination by a candidate whose name appears on said machine or his representative, duly authorized in writing, shall be conducted by means of the printer sheets to determine the figures on each machine are properly registered. Polling places shall be open one half hour before voting begins for the purpose of permitting such candidates to examine said machines. After such examination the doors of each counter compartment shall be closed and locked and not again opened until the polls are closed. If any counter shall be found not to be set at zero, the number and letter of such counter, together with the number registered thereon, shall be stated in a writing signed by the election officers and posted on the wall of the polling place, and a duplicate of such writing shall be filed with the election returns. At the close of the polls such number shall be subtracted from the number then found registered on the counter. Each machine shall remain locked and sealed against voting until the time set for opening the polls. It shall be then unlocked for voting and the seal removed.
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