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950 Mass. Reg. 55.03 : — OFFICE OF THE SECRETARY OF THE COMMONWEALTHCertification Of Nomination Papers And Petitions — Standards
Text
(1)
The registrars shall certify a voter's name signed on a nomination paper or petition unless:
(a)
The name is not that of a registered voter at that address or the address is illegible (N).
(b)
The name is not signed substantially as registered-the registrars cannot identify the signature as that of a voter because of form of signature (S).
(c)
The name is illegible (S).
(d)
The voter is enrolled in the wrong party (for primary nomination papers or recount petitions) (D or R). For primary nomination papers, the voter must be either enrolled in the proper party or unenrolled (independent) at the time of certification. For primary recount petitions, the voter must be enrolled in the proper party as of the last day to register before the primary (use E if the voter, although not enrolled in the other party, does not meet this requirement).
(e)
The voter is registered in the wrong voting district or a different city or town (W); or
(f)
The voter's name was already certified on the same candidate's nomination paper, or the same petition (including the earlier stage of a state initiative petition) (T).
(g)
the name is that of an inactive voter whose address is different than the address where he or she is listed as inactive.
(2)
Registrars must certify a name even if:
(a)
the voter's ward or precinct number has not been provided, or
(b)
it is alleged that a voter's signature was forged or obtained by fraud. (In cases of alleged forgery or fraud, an objection may be filed, and a hearing will be held before the State Ballot Law Commission for state nominations and petitions, and before the local registrars for local nominations and petitions. The registrars may also bring alleged forgery or fraud to the attention of the State Secretary, for referral to an appropriate law enforcement agency.)
(3)
In general, a name is "signed substantially as registered" if it can reasonably be determined to be that of a registered voter. For example, registrars shall certify names in which:
(a)
A middle initial is inserted or omitted.
(b)
A common or known nickname is used.
(c)
Two initials are used with a surname.
(d)
One initial is used with a surname, if no other registered voter with that initial lives at the indicated address.
(e)
"Jr." or "Sr." is inserted or omitted.
(f)
Ditto marks are used to indicate a correct address.
(g)
The name is printed.
(4)
For example, a name is not "signed substantially as registered", and registrars shall not certify it, if:
(a)
The first name is different from the first name as registered, and nocommon or known nick name is used.
(b)
The address is different, even if only the house number is different, or if a post office box number rather than a street address appears.
(c)
The name is not that of a registered voter at the indicated address.
(5)
The registrars shall sign certificates under M.G.L. c. 53, §§ 6 and 48 and
950 CMR 55.02(9)
for candidates for state office who reside and are registered voters as of the time of certification in their city or town, as follows:
(a)
An independent or minor party candidate for state office shall receive a certificate of voter registration unless the candidate has been enrolled in a political party on the records of the registrars of the certifying city or town during the time prior to the last day for filing nomination papers and on or after the day by which a primary candidate is required by M.G.L. c. 53, § 48 to establish enrollment in a political party.
(b)
A state primary candidate shall receive a certificate of party enrollment if, according to the records of the registrars of the certifying city or town:
1.
the candidate has not been enrolled in a political party other than the one whose nomination the candidate seeks during the one year preceding the last day for filing nomination papers with the state secretary, and
2.
either:
a.
the candidate has been enrolled in the political party whose nomination the candidate seeks throughout the 90 days before the last day for filing nomination papers with the state secretary; or
b.
the candidate is a newly registered voter of the registrars' city or town. F or the purpose of issuing this certificate, a candidate who was not a registered voter of the city or town as of the 90 th day before the last day for filing nomination papers with the state secretary, but who later registers and enrolls in the proper party in that city or town before the time of certification, is a newly registered voter.
950 CMR 55.03
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