Issues and Action

Support Election Day Registration, S.2514
Contact League of Women Voters for More Information

The League of Women Voters of Massachusetts supports “An Act Relative to Election Day Registration,” Senate No. 2514. Election Day Registration (EDR) is an essential reform in Massachusetts. The right to vote is the foundation of our democracy, and voting should be as easy and accessible as possible.

Lead Sponsors:  Senator Cynthia Stone Creem and Representative Gloria L. Fox

Background:  EDR is working in nine states: Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, Wisconsin, and Wyoming and most recently, North Carolina.  Massachusetts can learn and benefit from their experiences. Currently, Massachusetts has a 20-day registration deadline prior to all elections. EDR would give voters the additional option of registering on Election Day in national and statewide elections.

The Legislation:  This legislation will allow any eligible voter to register and vote in national and statewide elections at their local polling place on Election Day. At the time of registration, the individual must provide proof of identity and residency. Under the legislation, proof of identity and residency includes, but is not limited to, a Massachusetts driver’s license or I.D. card or a current utility bill, bank statement, government check or paycheck displaying the voter’s name and current address.

The voter must also sign the following oath: “I certify that I am a citizen of the United States; am at least 18 years old; am not under guardianship or otherwise prohibited from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have read and understand this statement. I further understand that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both.”

Those portions of “An Act Relative to Election Day Registration” that implement EDR  in Massachusetts for national and statewide elections are due to expire on July 1, 2011. As a result, Massachusetts voters will be able to register and vote on Election Day in the November 2008 and November 2010 elections. Lawmakers are using this as a “trial period.”

The legislation creates an advisory committee to study the implementation of EDR in Massachusetts for the 2008 and 2011 elections. Among other issues the advisory committee may consider are studying the resources necessary, costs associated with, and feasibility of providing every polling location with real-time electronic access to the central registry of voters. The committee is required to issue a report of its findings by March 1, 2011.

Additionally, this legislation will  change the registration deadline from 20 days to 14 days before a general or primary election. This change will not expire.

Current Status:  The EDR bill was amended (the primary amendment was the introduction of the sunset clause) and then reported favorably by the Joint Committee on Election Laws on February 25, 2008.  After a favorable review by the Senate Committee on Ways and Means in July 2008, the bill passed in the Senate with a 33 to 5 vote count.  The bill did not make it to the House floor for a vote before the end of the July 31st legislative session.

Talking Points:

• EDR increases voter participation:

  • In 2004, nationwide voter turnout was 60.0%, but in EDR states, the turnout was 73.8%. In 2006, EDR states had a 50.9% average turnout rate, compared with only a 41.6% average turnout rate in non-EDR states

  • In 2006, 5 of the 7 states with EDR made that year’s list of top 10 voter-turnout states.

• Voters benefit from EDR:

  • EDR allows students, young adults, and new residents to vote in greater numbers. These mobile populations often cannot vote because they were unaware of registration deadlines until they had lapsed.

  • EDR alleviates the problem of registered voters being turned away because of inaccurate or incomplete voter lists. A 2003 MIT/Caltech Voting Technology Project report found that 122,000 registered Massachusetts voters did not cast ballots in 2000 due to registration-based problems.

• Election officials benefit from EDR:

  • EDR shifts the administrative burden of processing new voter registrations from the busy pre-election season to after Election Day, a much less hectic time for election officials.

  • Election officials in EDR states report that the work of adding newly-registered voters to the rolls has been manageable and relatively inexpensive.

• EDR does not increase voter fraud:

  • Multiple independent studies by, among others, the Brennan Center for Justice, Demos and the New Hampshire Attorney General’s Office, found that voter fraud is as low in EDR states as it is in non-EDR states.

  • There are strict proof of identity and residency requirements for Election Day registrants.