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Bill

SD 3816

An Act conforming with the electoral count reform act of 2022 and ensuring uniform faithful presidential electors

194th Legislature (2025-2026) Introduced by Jamie Eldridge

Massachusetts aligns state law with federal electoral reform by establishing procedures ensuring presidential electors honor their pledges and state party designations.

Referred to the committee on Election Laws
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Bill Summary · SD 3816

Legislative bill overview

SD 3816 seeks to align Massachusetts state law with the federal Electoral Count Reform Act of 2022 by establishing procedures to ensure presidential electors remain faithful to their pledges. The bill would create statutory mechanisms governing elector selection, certification, and voting processes at the state level.

Why is this important

The 2020 presidential election highlighted vulnerabilities in how states manage electoral votes, with some electors attempting to vote against their pledges. The federal reform act established national guardrails, and this bill translates those federal requirements into binding Massachusetts law, clarifying state enforcement authority over elector conduct.

Potential points of contention

  • Elector autonomy vs. voter intent: Debate over whether laws strictly binding electors violate their discretionary role or properly enforce voter intent as expressed through state party affiliations
  • Enforcement mechanisms: Uncertainty about how Massachusetts would enforce penalties against faithless electors and whether such enforcement is constitutionally permissible
  • Procedural complexity: Questions about coordination between state election officials, the secretary of state, and courts in certifying and challenging elector votes

Compiled from official sources — confirm details with the bill’s official record.

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