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SD 369

An Act extending voting rights in municipal elections to noncitizen voters of the commonwealth

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

Allows noncitizen residents to vote in municipal elections and run for local office, while excluding federal and most state offices.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · SD 369

Summary: Senate Bill SD 369 — An Act Extending Voting Rights in Municipal Elections to Noncitizen Voters of the Commonwealth

Overview

  • Bill Number: SD 369
  • Title: An Act extending voting rights in municipal elections to noncitizen voters of the commonwealth
  • Introduced: March 10, 2025
  • Status: House concurred; referred to the Election Laws committee on introduction
  • Legislative action so far: Referred to the Committee on Election Laws (2025-03-10); House concurred on the same date

Purpose and Intent

The bill would amend Chapter 51 of the General Laws to allow noncitizens who reside in Massachusetts municipalities to participate in municipal elections. It creates a framework for noncitizen participation in local government, including voting in municipal elections, participating in town meetings, and standing as a candidate for municipal office, while preserving limited voting exclusions.

Key Provisions

  • New Section 1G added to Chapter 51
    Defines terms:

    • “Municipal election” includes mayoral elections, school committee, city/town councils, boards of selectmen, local referenda, and other local elections.
    • “Noncitizen voter” means a person 18+ with legal immigration status who is not a U.S. citizen.
    • “Noncitizen voting limitations” prohibits voting for federal offices (President, VP, electors, U.S. Senate/House), state offices, or state constitutional initiative petitions.
    • “Noncitizen voting rights” includes the ability to vote in municipal elections, participate in town meetings, and be a candidate and serve in municipal office if elected.
    • “Town meeting” defined per existing Massachusetts law.

  • Registration and Notification
    Municipal election officials must add a noncitizen voter’s name to a list of noncitizen voters upon submission of a noncitizen voter registration form. Within 5 days, the official must notify the voter of their rights and limitations, and that voting in federal elections could jeopardize U.S. citizenship applications.

  • Residency and Registration Limitations
    A noncitizen voter may exercise rights as long as they remain a resident of the town where registered. They may vote in only one municipality at a time.

  • Registration Form and Declarations
    The State Secretary must issue a noncitizen voter registration form, including a perjury declaration that the voter resides in the requested municipality.

  • ** Dissemination and Regulations**
    The form must be distributed in the same manner as citizen voter registration forms. The Secretary must issue implementing regulations.

Who Is Affected

  • Noncitizen residents of Massachusetts municipalities aged 18 and older with legal immigration status, who are interested in participating in local elections.
  • Municipal election officials and town/city clerks responsible for registration lists and notifications.
  • Municipal governments (mayors, city councils, school committees, boards of selectmen, town meetings) that would experience expanded participation.
  • Potential candidates for municipal office who are noncitizens (subject to eligibility and local rules).

Procedural and Timeline Aspects

  • The bill would take effect upon passage and implementation of regulations by the State Secretary.
  • It requires public-facing noncitizen registration forms and concurrent dissemination with existing citizen registration processes.
  • The bill explicitly calls for regulatory guidance to implement its provisions.

Notes

  • The bill is modeled in part on prior similar proposals (see Senate No. 415 of 2023-2024).
  • It clarifies that federal and some state offices remain off-limits to noncitizen voters, preserving federal/state constitutional boundaries while expanding local participation.

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

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