Massachusetts. State Ballot Law Commission.

In 1890 the legislature mandated that any objections concerning nomination of state officials be brought before a board consisting of the secretary of the Commonwealth, the attorney general, and three other persons called ballot-law commissioners, who were appointed by the governor for one-year terms; they were to be from different political parties and to serve without pay (St 1890, c 436, s 5). Previously such questions had been handled by the secretary of the Commonwealth, the auditor, and the attorney general (St 1889, c 413, s 7). (The responsibility for decisions concerning city and town nominations was in the hands of each local board of registrars of voters, along with the city clerk and the city solicitor).

St 1892, c 406 designated the 1890 board as the Ballot Law Commission and authorized nominal payment to its members. It added the judicial powers to hold hearings, to summon and pay witnesses for testimony, and to require written reports to be presented as testimony at the hearings.

In 1896 membership on the commission (now referred to as the State Ballot Law Commission) was denied to any public official except those serving as justice of the peace or notary public, and to any employee or member of a committee of a political party. The size of the commission was reduced to three members, at least one of which should be from the political party receiving the largest number of votes for governor in the last election, and at least one from the party receiving the second highest number of votes. Appointments were for staggered three-year terms (St 1896, c 383, s 1). St 1898, c 548, s 154 added that any member who was a candidate for public office must resign from the commission.

The scope of decisions rendered by the commission was enlarged by St 1943, c 43 to include questions pertaining to certificates of nominations for any presidential or biennial state primary, biennial state election, or special state primary or election. Additionally, by St 1967, c 406, objections to initiative petitions filed under city charters, as forwarded by city councils or school committees, could be heard by the commission.

In order to ensure an accurate, legal, and confidential vote, the state secretary, treasurer, and auditor approved ballot boxes provided to each city and town holding an election (St 1890, c 423, s 84). In 1903 a separate body for this purpose was established as the State Board of Voting Machine Examiners (St 1903, c 368). It was required to examine voting apparatus and report to the secretary its approval or disapproval. Following the ratification in 1911 of the constitutional amendment authorizing the use of voting machines at all elections (Const Amend Art 38), the members of the State Ballot Law Commission were to serve as the State Board of Voting Examiners (St 1912, c 641). They were required to examine all voting machines, ballot boxes, and counting apparatus and to submit their approval together with written descriptions, drawings, specifications, and photographs. If machines failed to conform to state requirements, the board was responsible for notifying the secretary, who in turn notified the towns to replace the machines (St 1912, c 641, s 1). These responsiblities were transferred from the commission to the state secretary in 1977 (St 1977, c 930).

The State Ballot Law Commission was restructured by St 1977, c 927, with its membership being increased to five persons appointed by the governor. One member, designated as chairman for a one-year term, is to be a retired justice of the state court system; other members serve two-year terms, and no more than three members may be of the same political party. This act designates the state secretary as secretary of the commission and requires that the proceedings of hearings and all decisions be kept as a public record.

The primary functions of the commission, as outlined by this statute, are to investigate the legality, validity, completeness, and accuracy of all nomination papers and actions required by law to give candidates access to a state ballot or to place initiative or referendum questions there. The commission is responsible for ballot access questions concerning the constitutional qualifications of any candidate, certificates of nominations, the filing of nomination papers under a false name, or fradulent or forged initiative petitions, and continues to be responsible for holding hearings and rendering decisions in these matters. Any authority over state public policy ballot questions or over municipal candidates or ballot questions was denied the commission by St 1980, c 134, s 8. The commission is administratively within the Elections Division of the state secretary's office, but not subject to the secretary's jurisdiction.