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SD 3993

Report to the Joint Committee on Election Laws On Jail-Based Voting in the 2024 State Primary & State Election

194th Legislature (2025-2026)

The report shows jail-based voting activity and delivery/residency challenges, highlighting need to clarify residence rules and ensure proper ballot routing for eligible incarcerat

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Bill Summary · SD 3993

Summary of SD 3993 (Session 194th) — Massachusetts

Purpose

SD 3993 consists of a formal report from the Massachusetts Secretary of the Commonwealth’s Elections Division to the Joint Committee on Election Laws. The report analyzes jail-based voting in the 2024 State Primary and State Election, pursuant to Section 25C(g) of Chapter 54. It provides anonymized, aggregated data on:
- the number of eligible incarcerated voters at the time of each election in each municipality, and
- the incarcerated voters who requested an early vote by mail or absent voting ballot and the outcomes (including reasons for rejection, if any).

Key Provisions and Content

  • Methodology: The report explains how eligible incarcerated voters were identified by matching names and dates of birth against absentee and early voting lists. It notes limitations (e.g., common use of driver’s license numbers over SSNs, manual review for name variations).
  • Residency and Eligibility Rules:
    • Specially Qualified Voters: Residents confined for non-felony reasons may vote absentee as unregistered voters if not currently registered.
    • Residence for voting: The presumed residence is the last place the voter resided before incarceration, not the facility.
  • Eligible Voters Data: Data collected from the Department of Corrections and county sheriffs identified incarcerated individuals as of the close of voter registration for the 2024 elections. Exclusions include those incarcerated for felonies (ineligible) and those discharged since the prior report.
  • Totals:
    • September 3, 2024 State Primary: 5,590 eligible incarcerated voters.
    • November 5, 2024 State Election: 4,647 eligible incarcerated voters.
  • Ballot Statistics:
    • State Primary: 159 eligible incarcerated voters applied for a ballot; 58 ballots were counted, 86 not returned, 15 rejected (reasons include failed delivery, late receipt, no signature, or missing envelope).
    • State Election: 422 applied; 230 counted, 165 not returned, 27 rejected (reasons include failed delivery, late receipt, missing signature, no envelope, etc.).
    • Notable distributions: Ballots sent to facility addresses vs home addresses; majority of accepted ballots were mailed to home addresses.
  • Other Findings:
    • Some incarcerated voters were registered at the facility address, which is generally improper for voting purposes. The Elections Division plans to communicate with facilities to correct guidance.
    • A higher-than-expected rate of ballots mailed to home addresses may reflect early 2024 “Vote by Mail” applications submitted prior to incarceration.

Who is Affected

  • Incarcerated individuals in Massachusetts who are eligible to vote under state law (non-felony confinement, or those not currently feloniously disqualified) and who file for absentee or early voting ballots.
  • Election facilities (jails, prisons, correctional facilities) that supply ballot applications and residence information.
  • Municipalities and local election officials responsible for mailing ballots and tallying results.

Procedural/Timeline Aspects

  • The report covers the 2024 State Primary (Sept. 3) and State Election (Nov. 5).
  • Data collection occurs post-election, with anonymized aggregated results by municipality (Appendices A–F detailed by jurisdiction).
  • The document is prepared under Section 25C(g) of Chapter 54 and is filed with the Joint Committee on Election Laws (action history notes the report was placed on file on 2026-06-11).

Overall Implications

  • Provides a data-driven view of jail-based voting activity and challenges (delivery failures, late ballots, signatures, and address residency issues).
  • Highlights areas for administrative improvement (clarifying residence for voting and ensuring proper ballot routing) to ensure eligible incarcerated voters can participate while maintaining election integrity.

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

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