With town elections coming up, local Leagues might want to know how the VOTES Act, passed last summer, affects mail voting and in-person early voting for those elections.

The new law requires towns to offer mail voting in local elections unless the town governing body opts out after a public hearing. The Select Board, town council or city council may opt out of offering mail voting only if it holds a public hearing and takes a public vote on the issue more than 45 days before the election. The option applies only to local elections not held on the same day as state primary or general elections.

Towns are not required to offer in-person early voting for local elections, but have the option to do so. The Select Board, town council or city council can authorize in-person early voting only after a request from at least 50% of the town’s registrars.

The sections of the law with these two provisions are included at the end of this article.

Local Leagues should note that, since there is no state election this year, the Secretary of State will not be sending mail ballot application postcards to voters. Voters can download a mail ballot application from their town clerk’s website or from the Secretary of State website here. The deadline to submit a mail ballot application is five business days before the election; it is wise to submit those applications much earlier to avoid delays in receiving and returning a mail ballot. If voters requested that mail ballots be sent for every election on their application last year, that request expired Dec. 31, 2022, and voters wishing to vote by mail need to send in a new application. Local Leagues may want to publicize this application information.

If Leagues want to ask their towns to offer in-person early voting, look first at how many voters used that option compared to mail ballots and Election Day voting in the September primary and November general elections to see if it would be worth the effort and expense. Town clerks have that voting information.

Here are the relevant sections of the VOTES Act legislation:

SECTION 10. Said chapter 54 is hereby further amended by striking out section 25B, as so appearing, and inserting in place thereof the following 2 sections:-

Section 25B. (a)(1) The election officers and registrars of every city or town shall allow any registered voter qualified under section 1 of chapter 51 to vote early by mail for any municipal preliminary or election or presidential or state primary or election, including any such special preliminary, primary or election, or any primary or election held pursuant to section 140 to fill a vacancy for senator or representative in congress; provided, however, that the select board, board of selectmen, town council or city council of each city and town may, after a public hearing and by recorded and public vote not less than 45 days prior to the date of the preliminary or election, opt out of the provisions of this subsection for any regular or special municipal preliminary or municipal election; provided further, that any registered voter qualified under section 1 of chapter 51 shall be allowed to vote early by mail for any municipal preliminary or municipal election held on the same day as any presidential or state primary or election or any primary or election held pursuant to section 140 to fill a vacancy for senator or representative in congress; and provided further, that this subsection shall not apply to an annual or special town meeting.

(c)(1) The select board, board of selectmen, town council or city council of each city and town may vote to authorize early in-person voting for any other city or town preliminary or election not included in subsection (b). Such vote may only be taken after a request from not less than 50 percent of the registrars of the city or town recommending in-person early voting; provided, however, that such vote shall occur not less than 5 business days prior to the proposed beginning of early voting.

Nancy Brumback ([email protected])

LWVMA legislative specialist, voting and elections

1/11/2023