February 06, 2022

House discusses state election law changes - Lowell Sun

BOSTON, MA – FEBRUARY 2: The Massachusetts state house February 2, 2022 in BOSTON, Massachusetts. (Staff Photo By Chris Christo/MediaNews Group/Boston Herald)
BOSTON, MA – FEBRUARY 2: The Massachusetts state house February 2, 2022 in BOSTON, Massachusetts. (Staff Photo By Chris Christo/MediaNews Group/Boston Herald)

There were no roll calls in the House or Senate last week.

Beacon Hill Roll Call records local representatives’ votes on recent roll calls from Jan. 27. All the roll calls are on proposed amendments to the bill making changes in the state’s election laws, including making permanent the mail-in and early voting options used in Massachusetts in 2020.

The House and Senate have approved different versions of the legislation and a conference committee has been appointed to hammer out a compromise version that would then be sent to Gov. Charlie Baker for his signature.

RAISE PENALTIES FOR VOTER FRAUD

The House, 32-126, rejected an amendment to a current law that imposes up to a $10,000 fine and/or up to a 5-year prison sentence on anyone who knowingly engages in any type of voting fraud including illegally registering to vote; illegally voting or attempting to vote; voting more than once; and aiding and abetting a person who is illegally voting. The amendment would raise the fine to up to $20,000.

“Maintaining the integrity of our elections is of paramount importance and is not a partisan issue,” said House Minority Leader Rep. Brad Jones, R-North Reading, the sponsor of the amendment. “Expanding the existing financial penalties for those individuals who knowingly attempt to engage in voting fraud will provide a strong deterrent to help prevent this type of illegal activity.”

(A “Yes” vote is for raising the fine to up to $20,000. A “No” vote is against raising it.)

NO: Rep. James Arciero; Rep. Thomas Golden; Rep. Kenneth Gordon; Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. Dan Sena; Rep. Jonathan Zlotnik. YES: Rep. Kimberly Ferguson; Rep. Colleen Garry; Rep. Sheila Harrington; Rep. Marc Lombardo; Rep. David Robertson.

MUST PROVIDE PROOF OF RESIDENCY

The House, 28-130, rejected an amendment that would require that any polling place that requires a voter to prove he or she is vaccinated, by presenting his or her vaccination card, to also show suitable identification to demonstrate proof of residence to the local election officer.

“The amendment would require that if vaccination status was required to enter a polling location, then the poll officials would be required to verify the identity of the card holder,” said amendment sponsor Rep. Peter Durant, R-Spencer. “The reasoning behind the amendment was to ensure that if the local officials required a vaccine, then they should verify that the person was indeed the one named on the card.”

“Thank you for the spirited debate,” said Election Laws Committee House chair Dan Ryan. “As I mentioned in previous response to (this) amendment, mandates requiring proof of vaccination have not been extended to voting sites. Therefore, I would ask for a ‘No’ vote on this amendment.”

(A “Yes” vote is for the amendment requiring a voter to show suitable identification. A “No” vote is against requiring it.)

NO: Rep. James Arciero; Rep. Colleen Garry; Rep. Thomas Golden; Rep. Kenneth Gordon; Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. David Robertson; Rep. Dan Sena; Rep. Jonathan Zlotnik. YES: Rep. Kimberly Ferguson; Rep. Sheila Harrington; Rep. Marc Lombardo.

SECURE VOTING MACHINES

The House, 29-128, rejected an amendment that would require that any voting software or voting machine that is used to process early, absentee or mail-in voting prior to Election Day must be secured at all times once the processing has begun. At the end of each processing period, the machine, software and ballots must be secured by a police officer and an election official either in a secured vault at the city or town hall or at the police station in a private cell — and must remain under video surveillance.

Amendment sponsor Rep. Shawn Dooley, R-Norfolk, said that voters should feel confident in knowing that their ballots are always safe and secure.

“As early voting continues to expand, we need to make sure that these ballots have the same security and chain of custody as do the ballots on Election Day,” Dooley said. “Once the early ballots are processed — currently there is no 24/7 chain of custody protection — opening up the possibility for tampering or questioning the process.”

(A “Yes” vote is for the amendment. A “No” vote is against it.)

NO: Rep. James Arciero; Rep. Colleen Garry; Rep. Thomas Golden; Rep. Kenneth Gordon; Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. David Robertson; Rep. Dan Sena; Rep. Jonathan Zlotnik. YES: Rep. Kimberly Ferguson; Rep. Sheila Harrington; Rep. Marc Lombardo.

ALSO UP ON BEACON HILL

$101 MILLION FOR COVID-19 RESPONSE — The House and Senate approved and sent to Baker a $101 million COVID-19 response bill. Key provisions include increasing the number of COVID-19 testing sites and COVID-19 tests; the acquisition and distribution of high-quality personal protective masks, including N95s and KN95s, to be distributed to health care workers and children and faculty in elementary and secondary public-school districts; increasing vaccination rates among kids ages 5 to 11 whose vaccination rates remain low in comparison to older residents; and recapitalizing the COVID-19 Paid Sick Leave Program. The measure also mandates that the Baker administration pursue the highest allowable rate of federal reimbursement for the $101 million package.

STUDY EXPANDING BICYCLE LANES — The House gave initial approval to a proposal that would require every city and town that receives transportation funds from the state to conduct a study to expand the number of bicycle routes on public roadways within the city or town. Reports from each city and town’s study would be due in six months.

Supporters say that additional bike lanes would help reduce car traffic congestion, make the environment cleaner and help people get more exercise.

Rep. Dan Hunt, D-Dorchester, the sponsor of the bill, did not respond to repeated requests from Beacon Hill Roll Call to comment on his proposal.

ALLOW AMBULANCES TO BE USED FOR INJURED POLICE DOGS – NERO’S LAW — The House approved legislation that would require EMS personnel to provide emergency treatment to a police dog and use an ambulance to transport the dog injured in the line of duty to a veterinary clinic or veterinary hospital if there are not people requiring emergency medical treatment or transport at that time. The Senate has already approved its own version of the measure and the House version now goes back to the Senate for consideration.

Senate sponsor Sen. Mark Montigny, D-New Bedford, first filed the bill in 2019 following the tragic death of Yarmouth Police Sgt. Sean Gannon who was shot and killed in the line of duty. His K-9 partner Nero was severely injured and had to be rushed to the animal hospital in the back of a police cruiser. Nero survived. Montigny also cites the heartbreaking loss of the beloved K-9 Kitt of the Braintree Police Department.

“K9 officers like Nero are selfless heroes who endure extreme danger in order to keep us safe,” Montigny said. “We must honor their loyalty and service by ensuring EMS personnel can provide basic treatment and transport should they sustain serious injuries. As a native son of New Bedford, Sergeant Gannon, and by extension his K-9 partner Nero, is forever a beloved part of our community. The Gannon family has been a tremendous force in ensuring this bill got done, and we hope this helps honor their son’s legacy.”

Rep. Steven Xiarhos, R-Barnstable, the House sponsor of the bill, said that he was the police officer who sent Sean and the team of officers on that fatal mission and was there when Nero was in the arms of a police officer covered in blood, gasping for air and fighting to stay alive. He said that he still thinks of Sean and his family and the first responders from all over Cape Cod and beyond who came together on that horrible day back in April 2018 and who still carry the pain and the burden of the loss of Sean and shooting of Nero.

“In some way, I know Sean is looking down with pride and I know that K-9 Nero, fallen Braintree K-9 Kitt and the over 250 dogs serving and protecting their partner police officers, and all of us all over the commonwealth can breathe a sigh of relief,” Xiarhos said.

EXCAVATION SAFETY — The House gave initial approval to a proposal that would require a professional land surveyor working on a preliminary design for a new facility or renovation where excavation is necessary to pre-mark the proposed excavation.

“The bill ensures that underground utilities are marked during the planning process for projects rather than only at the time of construction,” said sponsor Rep. Carolyn Dykema, D-Holliston. “This will help ensure that projects are designed from the outset to minimize potential disruption to utilities during construction. I filed the bill in partnership with the Massachusetts Council of Engineering companies. Given the significant extent of natural gas infrastructure in my district, I filed the bill to help protect the public from emergencies that result from construction crews mistakenly damaging underground utilities.

DOUBLE FINES FOR SPEEDING IN THE BREAKDOWN LANE — The House gave initial approval to a measure that would double fines for motor vehicles speeding in the breakdown lane.

Supporters said the use of the breakdown lane is essential to provide temporary relief from rush hour traffic. They noted that many drivers use the lane as a high-speed passing lane risking their own safety and the safety of disabled motorists and emergency personnel.

“Numerous accidents and fatalities have occurred due to excessive speed in the breakdown lanes,” said sponsor Rep. Dave Linsky, D-Natick. “This legislation will not only further protect those who dedicate their lives to our safety but would protect motorist safety as well.”

EDUCATIONAL COLLABORATIVES — The House gave initial approval to a bill that would allow some personnel from city and town school districts to work for educational collaborative where services are needed.

“Massachusetts collaboratives are educational services agencies that bring school districts together to form partnerships to create regional educational capacity and resources,” says the website of the Massachusetts Organization of Educational Collaboratives. “Collaboratives benefit school districts, students, families, educators and taxpayers by maximizing efficiency through shared costs and expertise.”

ANOTHER REP ANNOUNCES RESIGNATION — Fourteen-year incumbent Rep. Carolyn Dykema, D-Holliston, has become the fifth representative to announce her plan to resign from the House to take another job. Dykema will move to the solar energy industry as Northeast policy director at Boston-based Nexamp, which bills itself as “a leader in the clean energy space, offering solar and energy storage solution to build the future of energy so that it is clean, simple, and accessible.” Dykema’s exit will leave the position of the chair of the Environment, Natural Resources and Agriculture Committee open.

“After 13 years as your state representative, I’ll be moving on to a new challenge,” Dykema said. “While this is an exciting opportunity and a promising new chapter, it is bittersweet leaving a role I’ve loved and the wonderful people I’ve been so grateful to serve.”

Dykema joins a growing list of resignations including Reps. Lori Ehrlich, D-Marblehead; Claire Cronin, D-Brockton; Maria Robinson, D-Framingham; and Sheila Harrington, R-Groton.

House Speaker Ronald Mariano, D-Quincy, will decide whether or not to schedule a special election to fill the seats or to leave these seats open until January 2023 — following the regular November 2022 election.

HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of Jan. 31-Feb. 4, the House met for a total of three hours and 51 minutes and the Senate met for a total of three hours and 24 minutes.

Bob Katzen welcomes feedback at [email protected].



source: https://www.lowellsun.com/2022/02/06/house-discusses-state-election-law-changes/

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