[Section impacted by 2020, 45, Secs. 1 and 1A, as amended by 2020, 92, Secs. 1 to 3, effective March 23, 2020 and 2020, 92 Secs. 15 to 17 effective June 5, 2020 and 2020, 115, Secs. 6 and 9, effective July 6, 2020 relating to elections in order to address disruptions caused by the outbreak of COVID-19.]
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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 53 - Nominations, Questions to Be Submitted to the Voters, Primaries and Caucuses
Section 1 - Parties Entitled to Make Nominations
Section 2 - Nominations and Elections; Necessity; Procedure
Section 4 - Conventions to Nominate Candidates; Dates
Section 5 - Certificate of Nomination; Contents; Signatures; Filing; Written Acceptance of Candidate
Section 6 - Nomination Papers; Contents; Number of Signatures; Unenrolled Candidates
Section 7a - Nomination Papers for City Offices; Deadlines; Signatures; Certification and Checking
Section 8 - Certificates of Nomination and Nomination Papers; Contents; Party Designation
Section 9a - Nomination Papers for Cities or Towns; Applicable Provisions
Section 10 - Certificates of Nomination and Nomination Papers; Time for Filing
Section 11 - Certificates of Nomination and Nomination Papers; Objections; Filing
Section 13 - Withdrawal of Nominated Candidates
Section 15 - Certificate of Nomination to Fill Vacancy; Contents; Acceptance
Section 16 - Certificates of Nomination, etc.; Public Inspection; Preservation
Section 17 - Blank Forms for Nominations
Section 18 - Proposed Amendments to Federal Constitution; Opinion of Voters Ascertained
Section 18a - Nonbinding Public Opinion Advisory Questions on Local Ballots
Section 19 - Questions of Public Policy Submitted in Certain Districts Upon Application
Section 20 - Applications; Signatures; Identification; Certification; Submission
Section 21 - Applications; Filing Deadline; Number of Questions; Resubmission
Section 22 - Instructions to Representatives; Necessity of Majority Vote
Section 22a - Signing Petitions; Forms; Receipt; Filing Date
Section 23 - Sections Applicable to All Primaries
Section 24 - Applicability of Sections Relating to Elections and Corrupt Practices
Section 25 - Withdrawal of Nominations
Section 28 - Dates and Places for Holding Primaries
Section 29 - Designation of Primary Officers; Compensation
Section 30 - Designation of Primary Officers; Wards or Towns
Section 31 - Ineligibility to Act as Primary Officers
Section 32 - Ballots; Preparation; Number
Section 33 - Ballots; Color; Specimen Ballots
Section 34 - Ballots; Contents; Arrangement; Form
Section 34a - Absentee Ballots; Application; Forms; Envelopes; Preparation
Section 35 - Cross Constituting as Vote
Section 35a - Use of Pasters or Stickers
Section 35b - Persons Nominated by Pasters or Write-Ins; Notice
Section 36 - Delivery of Ballots, etc., at Polling Places; Posting Specimen Ballots
Section 37 - Party Enrollment of Voters
Section 37a - Absentee Ballots; Application; Unenrolled Voters; Recording Upon Voting Lists
Section 38a - Enrolled and Unenrolled Voters; Precinct Count
Section 40 - Number of Votes Necessary to Nominate Candidate Not on Ballot
Section 40a - Petitions for Recounts
Section 41 - Sections Applicable to Nominations at State Primaries
Section 42 - Primaries Held by Wards, Precincts or Groups of Precincts; Notice to State Secretary
Section 43 - Polls; Hours When Open
Section 44 - Nomination Papers; Number of Signatures
Section 47 - Nomination Papers; Preparation; Availability
Section 49 - Nomination in Case of Withdrawal, Death or Ineligibility
Section 50 - Vacancies Caused by Withdrawal; Nominations to Fill; Objections
Section 52 - Canvass and Return of Votes; Certification and Notification of Nominees
Section 53 - Vacancies Caused by Ties; Filling
Section 53a - Objections to Nominations; Withdrawals by Nominees
Section 55 - Primaries for City and Town Nominations; Objections; Withdrawals
Section 56 - Primaries for Nomination; Submission of Question; Notice of Result to State Secretary
Section 57 - Notices of Intention to Participate in Primaries
Section 58 - Blank Nomination Papers; Contents
Section 59 - Nominations on Blank Nomination Papers; Signatures; Acceptance
Section 60 - Nomination Papers; Contents
Section 61 - Nomination Papers; Filing; Certification; Correction of District
Section 62 - Death, Withdrawal, or Ineligibility of Candidates; Filling Vacancies
Section 64 - Returns of Votes; Canvass and Certification
Section 70a - Sections Applicable
Section 70b - Delegates to National Conventions; Election; Number
Section 70c - Primaries by Wards, Precincts or Groups of Precincts; Notice to State Secretary
Section 70d - Nomination Papers
Section 70e - Order of Names on Ballots; Statement of Preference; Preferential Vote Count
Section 70f - Canvass of Returns; Notice; Certification; Certificates
Section 70g - Filling Vacancies
Section 70h - Applicability of Certain Other Sections
Section 71 - Nomination at Caucuses
Section 72 - Regulations for City or Town Caucuses
Section 72a - Time for Holding City or Town Caucuses
Section 73 - Caucuses Held by Precincts or Groups of Precincts; Notice
Section 74 - Caucuses Relative to Special Elections
Section 75 - Calling of Caucuses; Notice
Section 76 - Persons Entitled to Vote or Take Part in Caucuses; Oath; Challenges; Penalties
Section 77 - Balloting; Use of Voting Lists
Section 78 - Tie Vote for Caucus Officers
Section 79 - Certificate of Election; Notice of Nomination
Section 81 - Tie Votes in Direct Nominations; Filling Vacancies
Section 82 - Polling Places Provided; Notice
Section 83 - Notice of Caucuses; Procedure
Section 84 - Balloting; Duration
Section 85 - Tie Vote for Elective Office; Proceedings
Section 86 - Ballots and Check Lists; Transmission to City or Town Clerk; Preservation
Section 87 - Contested Elections or Nominations; Preservation of Ballots; Notice; Recount; Penalties
Section 88 - Calling of Caucuses
Section 89 - Adoption of Law for Official Ballots; Calling Caucuses; Notice
Section 90 - Revocation of Acceptance of Special Provisions; Notice
Section 91 - Time of Holding Caucuses
Section 92 - Notices of Caucuses; Contents
Section 93 - Provision of Polling Places; Voting Lines
Section 94 - Notice by City or Town Committees
Section 95 - Blank Nomination Papers; Contents
Section 96 - Nominations Made by Nomination Papers; Acceptance; Vacancies
Section 97 - Nomination Papers; Sealing; Filing; Opening
Section 98 - Correction of Errors; Notice
Section 99 - Proceedings in Cities When Papers Not Filed; Filling Vacancies
Section 100 - Proceedings in Towns When Papers Not Filed
Section 101 - Withdrawals; Filling Vacancies
Section 102 - Nomination Papers; Delivery to City or Town Clerk
Section 103 - Nomination Papers; Correction of Errors
Section 104 - Objections to Nomination Papers
Section 105 - Ballots; Provision by Cities or Towns
Section 106 - Form of Official Ballot
Section 107 - Applicability of Certain Laws
Section 108 - Order of Business
Section 110 - Counting of Ballots; Announcement of Result; Sealing; Transmittal of Records
Section 111 - Voting Lists; Certified Copies
Section 112 - Recount of Ballots
Section 113 - Caucus Officers; Eligibility; Terms; Oaths; Duties
Section 114 - Vacancies; Additional Officers
Section 115 - Appointment of Officers for First Caucus
Section 116 - Caucus Officers in Newly Incorporated Cities or Cities Redivided Into Wards
Section 117 - Caucuses to Nominate Municipal Officers; Convention Delegates; Committees
Section 118 - Notice of Caucus; Chairman; Order of Business
Section 119 - Elections by Ballot; Written Request
Section 120 - Preservation of Ballots and Voting Lists
Section 121 - Calling Town Caucus at Annual Meeting; Rescission; Nominations; Tie Vote
Section 122 - Regional School District-Wide Elections; Applicable Provisions