Chair Keenan, Chair Hunt, and Members of the Joint Committee on Election Laws:

My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.

We urge you to give a favorable report to the following bills:

• H.834 / S.505: An Act establishing same day registration of voters
• H.799 / S.503: An Act decoupling the municipal census from voter registration
• H.820 / S.504: An Act enforcing accessibility for voters with disabilities
• H.874 / S.524: An Act relative to voting rights restoration

Critical to improving voting access is reducing opportunities for voter confusion. Voters have so much to think about as they decide whom to vote for. But there are ample opportunities to be confused about such questions as “Am I able to vote?” “Where?” “When?” “If I go there, will my vote be counted?”—to name a few—given the many questions and problems that plague people every day of their lives. We can mitigate all of these sources of confusion with good policy.

Same Day Registration (H.834/S.505)

Tenants moving to a new apartment after getting priced out or evicted by an unscrupulous landlord. Senior citizens looking to downsize and move into a retirement community. Under MA’s current law, if these moves happen too close to an election date, these people—and countless others like them—could lose their right to vote.

That’s because we have an arbitrary and unjust 10-day voter registration cutoff. And shockingly, we’re an outlier in New England for having a cutoff at all. In Maine, New Hampshire, Vermont, and Connecticut, eligible voters can register to vote or update their registration at the polls. It’s a simple reform (indeed, NH and ME have done it for decades), and it can boost engagement and improve the efficiency of election administration.

The need for Same Day Registration will be especially acute next year, as the state primary is currently scheduled for September 1, a major move-in day across the state. And, indeed, as you all know from running for office, most voters start paying attention in those final weeks, and they shouldn’t be shut out of the process for doing so.

Decoupling the Municipal Census from Voter Registration (H.799/S.503)

Our municipal censuses serve valuable roles for data collection and jury selection, but MA is an outlier in making them a tool for voter disenfranchisement. Voters can be rendered inactive for failing to complete a form that many can easily miss, creating confusion at the polls and increasing barriers to participation.

Disability Access (H.820/S.504)

Voting must be accessible to all eligible citizens, including voters with disabilities. In reality, too many polling places still have barriers to full inclusion: malfunctioning accessible machines, poor signage, broken automatic doors, and more. These bills provide meaningful oversight by requiring polling place inspections every four years, compliance plans for sites that fall short, and enforcement authority for the Attorney General.

Voting Rights Restoration (H.874 / S.524)

Felony disenfranchisement in Massachusetts is a recent phenomenon. Indeed, although we often think of the history of voting rights in the US as one of ever-forward motion, Massachusetts stands as an outlier. In the late 1990s, after incarcerated individuals in MCI-Norfolk started organizing for better conditions, Republican Governor Bill Cellucci and the MA Legislature responded with retaliation: a multi-step process of disenfranchisement. In 2000, Massachusetts voters approved a constitutional amendment to prohibit people incarcerated for felonies in state prison from voting in state elections; the subsequent year, Cellucci signed a law to extend this prohibition to federal and municipal elections. Our commonwealth did something rare in recent history: it took away the right to vote from a category of people who were formerly enfranchised.

In 2022, the Massachusetts Legislature took an important step forward when passing the VOTES Act by including language creating protections for jail-based voting for those who still maintain the right to vote, but we must build on that momentum by ending remaining disenfranchisement, as these bills would.

To go back to the point about voter confusion, this connection between incarceration and voting rights can often lead people to think they have lost their right to vote permanently, even when they return home. Again, voter confusion leads to disenfranchisement, and it is preventable with good policy.

In Conclusion, at a time when democracy is under attack, MA should be taking every step we can to strengthen our democracy. Let’s show our commitment to democracy and improve the voting experience for everyone.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts