State Summary

Massachusetts’s audit law, passed in 2014, requires a “hand-counted audit” after presidential general elections. The audit is conducted for 3% of all precincts in the commonwealth, rounded up to the next highest whole number, randomly selected at the state level, and applies to certain major contests. (See “Contests Audited.”) The state’s audit provisions are found in Mass. Gen. Laws ch. 54, § 109A, while audit procedures are detailed in 950 Mass. Code Regs. 46.00.

Unless otherwise specified, statutory references are to Mass. Gen. Laws, ch. 54 § 109A.

Voting Systems Used

All Massachusetts jurisdictions use hand-marked paper ballots with ballot marking devices for accessibility. Most Massachusetts jurisdictions tabulate ballots using optical scanners, though some jurisdictions hand count ballots. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

Each precinct selected is required to conduct a hand-count audit of “votes cast on the day of election.” Mass. Gen. Laws, ch. 54, § 109A(b)(1). The statute does not require the auditing of ballots that are cast early and by mail, although these ballots might be included in the audit in practice. Consequently, we consider the audit to include many, but not all, machine-tabulated ballots.

Transparency

The audits are performed in full public view. Mass. Gen. Laws, ch. 54 § 109A(d)(1). The precincts to be audited are chosen as part of a random drawing that must be “fully observable” by the public and representatives of each political party. Mass. Gen. Laws, ch. 54 § 109A(c).

With respect to audit results, the secretary of the commonwealth must publish precinct-by-precinct audit results within 10 days after receipt of these results from municipal registrars. (Municipalities must submit reports within 14 days of the election.) The state secretary must also publish an analysis of any discrepancies between the audit tallies and originally reported tallies “within 180 days of beginning the analysis.” Mass. Gen. Laws, ch. 54 § 109A(f). (See additional details under “Addressing Discrepancies.”)

Audit Counting Method

The audit is conducted by hand count. 950 Mass. Code Regs. 46.05 details the procedures to be followed during the hand count.

Type Of Audit Units

Massachusetts randomly selects precincts. “The number of precincts selected to be audited in this drawing shall be equal to 3% of all precincts in the commonwealth, rounded up to the next highest whole number.” Mass. Gen. Laws, ch. 54 § 109A(c).

Contests & Issues Audited

The audit covers races for president, U.S. senate and house, and the state legislature (“general court”), as well as one statewide issue selected randomly from all statewide issues on the ballot (if applicable). Mass. Gen. Laws, ch. 54 § 109A(b).

Addressing Discrepancies

If there are discrepancies between the hand-counted audit and the originally reported tally of the audited precincts, the state secretary oversees an analysis and must publish the findings online, along with the factual information upon which such findings were based, within 180 days of beginning the analysis. In the case of a discrepancy, the hand count conducted pursuant to the audit is the official vote of record and the board of registrars or election commission is required to amend each precinct tally sheet, official return book, and checklist delivered to the office of the registrars. If such a discrepancy reasonably leads to doubt about the outcome of the election or systemic failure to accurately count ballots, the state secretary may order audits of additional precincts, offices, or ballot questions. Mass. Gen. Laws, ch. 54 §§ 109A(f)–(h).

For recount laws, see the Recount Law Database.

Timeline

The random selection of the precincts is conducted within 48 hours after the polls have closed. The audits must begin no later than two business days following the random selection of the precincts. The registrars must submit the completed audit report to the state secretary within 14 days of the election.

The statute further clarifies that the audit and publication of results must be completed prior to when the state makes its final determination regarding the appointment of its presidential electors. Mass. Gen. Laws, ch. 54 § 109A(h)(3).

Binding On Official Outcomes

If there is a discrepancy between the audit and the originally reported tallies, the hand count of the paper ballots conducted pursuant to the audit shall be the official vote of record. Mass. Gen. Laws, ch. 54 § 109A(g).

Oversight & Conduct

The secretary of the commonwealth oversees the random drawing, while the board of registrars or election commission in a municipality conduct the audit. Mass. Gen. Laws, ch. 54 § 109A(d)(1).

Ballot Protection

After ballots are counted, the board or commission places all ballots in envelopes or containers and seals them with a provided seal and certifies upon each envelope or container that it has been opened and again sealed in conformity to law. The board or commission then places them in a locked facility and maintains the ballots. For more information see Mass. Gen. Laws ch. 54 §§ 105–§109A and 950 Mass. Code Regs. 54.06.

Additional Targeted Samples

There is no statutory guidance calling for additional targeted samples.

Resources

Mass. Gen. Laws, ch. 54, § 109A; 950 Mass. Code Regs. 46.00: Audit provisions

Mass. Gen. Laws ch. 54, §§ 105–§109A and 950 Mass. Code Regs. 54.06: Ballot protection

Last updated: August 29, 2024