Student Voting Project | Massachusetts

Voting at School

ID Requirements

Only two small sets of Massachusetts voters have to show ID at the polls: first-time voters who registered by mail whose identifying numbers (Massachusetts driver's license number or last four digits of Social Security number) can't be verified by the state, and voters who are marked as inactive. (You can get marked as inactive for failing to respond to your town's annual census or if the acknowledgement notice sent to you after you register is returned as undeliverable). These voters will have to show a current and valid photo ID, or a current utility bill, bank statement, government check, paycheck, or other government document that shows their name and address as registered. Cell phone bills, student housing bills, or online printouts should all be fine. Interview with William Rosenberry, Elections Specialist, Massachusetts Secretary of State's Office (July 9, 2008). A student ID will only work if it displays your name and the address from which you are registering. (Unfortunately most student IDs only have your name and the main address of the school, but not the physical address at which you live). You can send a copy of your ID when you register, too, to avoid having to show it at the polls. If you can't show ID, you'll have to vote a provisional ballot, which will be counted if you are an eligible voter.

Registration Requirements

Your registration form is due by 8 p.m. on the 20th day before the election—it can either be received at the registrar's office or postmarked by that day.

Residency Requirements

In Massachusetts, to have voting residency you only need to have intent to make your school address your home for the present, without respect to your future plans."

The Massachusetts Constitution requires that voters be "inhabitants" and the state's laws require them to be "residents." Both terms have been defined to mean domicile. Opinion of the Justices, 46 Mass. 587 (Mass. 1843). But Massachusetts courts have long interpreted these provisions to allow students to establish residence in their college towns, and today, students can chose to make their school addresses their voting residencies as long as they currently consider them their principal residences.

If you are driving your own car in Massachusetts, you should be aware that registering to vote makes you a Massachusetts resident for the purposes of car registration and driver's licenses. You have 30 days after establishing residency to register your car in the state. 

If after receiving your registration it appears that you are not a resident, the registrars can deny your registration after giving you notice and an opportunity to respond. Your qualifications can also be challenged by any registered voter.

If your residency is challenged by a registered voter before the election, the registrars must first check to see whether the challenge is legitimate. If they think there are grounds for the challenge, the registrars must give you notice and hold a hearing, where you can testify under oath, present evidence, and be represented by a lawyer to prove your residency.

Your residency can be also challenged at the polls, either by a partisan challenger or by a poll worker. If your right to vote is challenged, you will be asked to take an oath affirming your eligibility, but you’ll be allowed to cast a challenged ballot, which will be counted.

Absentee Requirement

If you are a registered voter in Massachusetts but will be away from your residence because you are attending an institution of higher education, you can vote using an absentee ballot from the city or town in which you are registered in Massachusetts. Absentee ballot applications are available online on the web site of the Secretary of State. Your application for an absentee ballot must be received by the town clerk before noon on the day before Election Day. Your ballot must be received by the clerk by the close of the polls on Election Day. Neither your application nor your ballot needs to be witnessed.

Voting at Home

ID Requirements

Only two small sets of Massachusetts voters have to show ID at the polls: first-time voters who registered by mail whose identifying numbers (Massachusetts driver's license number or last four digits of Social Security number) can't be verified by the state, and voters who are marked as inactive. (You can get marked as inactive for failing to respond to your town's annual census or if the acknowledgement notice sent to you after you register is returned as undeliverable). These voters will have to show a current and valid photo ID, or a current utility bill, bank statement, government check, paycheck, or other government document that shows their name and address as registered. Cell phone bills, student housing bills, or online printouts should all be fine. Interview with William Rosenberry, Elections Specialist, Massachusetts Secretary of State's Office (July 9, 2008). A student ID will only work if it displays your name and the address from which you are registering. (Unfortunately most student IDs only have your name and the main address of the school, but not the physical address at which you live). You can send a copy of your ID when you register, too, to avoid having to show it at the polls. If you can't show ID, you'll have to vote a provisional ballot, which will be counted if you are an eligible voter.

Registration Requirements

Your registration form is due by 8 p.m. on the 20th day before theelection—it can either be received at the registrar's office orpostmarked by that day.

Residency Requirements

In Massachusetts, to have voting residency you only need to have intent to make your school address your home for the present, without respect to your future plans."

The Massachusetts Constitution requires that voters be "inhabitants" and the state's laws require them to be "residents." Both terms have been defined to mean domicile. Opinion of the Justices, 46 Mass. 587 (Mass. 1843). But Massachusetts courts have long interpreted these provisions to allow students to establish residence in their college towns, and today, students can chose to make their school addresses their voting residencies as long as they currently consider them their principal residences.

If you are driving your own car in Massachusetts, you should be aware that registering to vote makes you a Massachusetts resident for the purposes of car registration and driver's licenses. You have 30 days after establishing residency to register your car in the state. 

If after receiving your registration it appears that you are not a resident, the registrars can deny your registration after giving you notice and an opportunity to respond. Your qualifications can also be challenged by any registered voter.

If your residency is challenged by a registered voter before the election, the registrars must first check to see whether the challenge is legitimate. If they think there are grounds for the challenge, the registrars must give you notice and hold a hearing, where you can testify under oath, present evidence, and be represented by a lawyer to prove your residency.

Your residency can be also challenged at the polls, either by a partisan challenger or by a poll worker. If your right to vote is challenged, you will be asked to take an oath affirming your eligibility, but you’ll be allowed to cast a challenged ballot, which will be counted.

Absentee Requirement

If you are a registered voter in Massachusetts but will be away from your residence because you are attending an institution of higher education, you can vote using an absentee ballot from the city or town in which you are registered in Massachusetts. Absentee ballot applications are available online on the web site of the Secretary of State. Your application for an absentee ballot must be received by the town clerk before noon on the day before Election Day. Your ballot must be received by the clerk by the close of the polls on Election Day. Neither your application nor your ballot needs to be witnessed.

[1] Hershkoff v. Board of Registrars of Voters, 321 N.E.2d 656 (Mass. 1974).

[2] Mass. Const. pt. 1, art. IX.

[3] Mass. Gen. Laws ch. 51, § 1.

[4] Opinion of the Justices, 46 Mass. 587 (Mass. 1843).

[5] ALM GL ch. 90, § 3

[6] Id.

[7] Mass. Gen. Laws ch. 51, § 47.

[8] Mass. Gen. Laws ch. 51, §§ 48-49.

[9] Mass. Gen. Laws ch. 54, §§ 23, 85A.

[10] Mass. Gen. Laws ch. 51, §85

[11] Mass. Gen. Laws ch. 51, § 26.

[12] Interview with William Rosenberry, Elections Specialist, Massachusetts Secretary of State's Office (July 9, 2008).

[13] Id.

[14] Mass. Gen. Laws Ch. 54, § 76C.

[15] Mass. Gen. Laws Ch. 54, § 86.

[16] Mass. Gen. Laws. Ch. 54, § 93; Mass. Gen. Laws ch. 54, § 89.