[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 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.
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