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H 860

An Act relative to early voting and vote by mail

194th Legislature (2025-2026) Introduced by Alice Peisch

MA bill gives voters an opt-out for vote-by-mail mailers and lets cities/towns cut or end early voting if 25% or more of votes in the prior election were by mail.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 860

Summary: H.860 An Act Relative to Early Voting and Vote by Mail

Overview

H.860, introduced February 27, 2025 by Rep. Alice Hanlon Peisch, seeks to modify Massachusetts election law to regulate vote-by-mail and early voting practices. The bill has been referred to Election Laws and, per recent actions, was reported favorably by a committee and referred to the House Ways and Means committee. It includes provisions that create an opt-out mechanism for voters regarding vote-by-mail mailers and a locality-based trigger to potentially reduce or eliminate early voting in municipalities with high mail voting in a prior election.

Key Provisions

  • Section 1 – Opt-out Mechanism for Vote-by-Mail Mailers

    • Amends Section 25B of Chapter 54 (as appearing in the 2022 Official Edition).
    • Requires the Secretary of the Commonwealth to develop a mechanism by which voters can opt out of receiving vote-by-mail mailers.
    • The aim appears to give individuals an opt-out option regarding mailed voting materials.

  • Section 2 – Locality-Based Opt-Out of Early Voting (Trigger)

    • Further amends Section 25B of Chapter 54.
    • Adds a trigger: if twenty-five percent or more of the votes cast in the prior state election in a municipality were conducted by mail under this section, the mayor (for cities) or the board of selectmen/select board (for towns) may opt to reduce or eliminate early voting as authorized by this section.
    • This creates a mechanism for local governing bodies to cut back or end early voting in response to high levels of prior mail voting.

Note: The language present in the bill text repeats the concept of the 25% mail-vote threshold and the corresponding local option to reduce/eliminate early voting.

Who Is Affected

  • Voters in Massachusetts: gains an opt-out option for vote-by-mail mailers; may experience changes to early voting availability depending on local decisions under the trigger.
  • Municipalities (cities and towns): local officials would assess whether to reduce or eliminate early voting if the threshold is met.
  • Local election officials: tasked with implementing early voting changes and mail-out processes consistent with the bill’s provisions.
  • Commonwealth (Secretary of the Commonwealth): charged with developing the opt-out mechanism for vote-by-mail mailers.

Implementation Timeline and Process

  • Legal basis: Amendments would modify Section 25B of Chapter 54 (as it appears in 2022 edition).
  • Implementation steps:
    • The Secretary must develop the opt-out mechanism for mailers (Section 1).
    • The 25% mail-vote threshold in a municipality would permit local leaders to adjust early voting (Section 2).
  • Legislative status:
    • Referred to the Senate and House in 2025; hearing scheduled for June 17, 2025.
    • As of latest actions, reported favorably by committee and referred to House Ways and Means (2025-09-02).
  • Related actions: HD 3475 is the related or replacing bill in the same docket.

Additional Context

  • The bill is designed to address vote-by-mail and early voting usage by introducing individual opt-out options for mailers and enabling local control to modify early voting levels based on prior voting patterns.
  • The provisions aim to balance accessibility with local decision-making, though they also introduce potential variability in early voting access across municipalities.

Related Information

  • Related bill: HD 3475 (replaces)
  • Status and hearing updates are listed in the bill’s legislative actions, including a scheduled hearing and committee referrals.

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

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