Issues and Action

Empowering Voters Project:  Proposal for a Legislative Amendment to the Constitution Allowing Absentee Voting – S.2034
Contact the League of Women Voters for more information

Read LWVM President Madhu Sridhar's Testimony on Absentee Voting

Urge your legislators to support S.2034 and bring it to a vote at this spring’s Constitutional Convention. Voting is a right and not a privilege, and voting should be as easy and accessible as possible. The restrictions now placed on absentee voting are unnecessary and complicate what should be a straightforward process.

Background
Twenty-four states allow anyone to vote absentee for any reason. In Massachusetts absentee voting is restricted to voters who:

• will be absent from the city or town on Election Day, or

• are disabled and unable to get to the polls, or

• have religious beliefs that prevent them from going to the polls.

In addition, Massachusetts has no provisions for early voting, as do 10 other states.

The Legislation
Removing conditions from absentee voting requires a constitutional amendment. This legislation, drafted by the League of Women Voters of Massachusetts, amends Article XLV of the Massachusetts Constitution to remove the conditions placed on why voters can vote absentee. Removal of the conditions from the Constitution will allow the Legislature to pass a law mandating unconditional absentee voting and early voting by absentee ballot prior to elections.

Lead Sponsors
Senator Edward Augustus and Representative Anthony Petruccelli, co-chairs of the Joint Committee on Election Laws

Talking Points

• Allowing people to vote by absentee ballot, both by mail and at local election offices prior to Election Day, will increase voter turnout and remove obstacles for those who wish to vote absentee for whatever reason.

• Many groups, such as election workers, at-home caretakers of small children and seniors, and others, are unable to legally apply for an absentee ballot under current law.

• The current law is not enforceable.

• Twenty-four states have provisions for absentee voting without conditions.

• More and more voters are using absentee voting to avoid long lines at the polls and if their employment or other matters prevent them from going to the polls on Election Day. Even poll workers who work all day outside their precinct can have difficulty getting to the polls.

• In Election 2004, more than 1.5 million voters (about 20% of the electorate) cast early and absentee ballots in Florida. About 30% of voters in Tennessee cast early votes.