When the presidential election loomed last fall, Chelsea resident Edma Ortiz grew worried about what the outcome might mean for immigrants and Latino communities. She resolved to register to vote at City Hall, but circumstances kept interfering with her plans. An unpredictable work schedule that demanded she work irregular weekday hours, combined with a family tragedy that sent her to Puerto Rico for nearly a month in October following her mother’s death, pushed back her registration attempt.
Ortiz boarded a plane on Oct. 19 to return to Boston, and during the flight she realized she still needed to complete her voter registration before the Nov. 6 election. The next day, Oct. 20, she visited the Chelsea Collaborative seeking guidance on the registration paperwork.
Her timing proved unfortunate. The registration deadline had passed on Oct. 19 – weeks earlier than Election Day. Despite being a lifelong U.S. Citizen, Ortiz found herself unable to participate in what many considered one of the most consequential elections in recent times.
Ortiz’s experience was far from unique. These recurring situations prompted the Chelsea Collaborative to challenge the voter registration cutoff in court last year. This week, the Massachusetts Supreme Judicial Court sided with them.
The case, filed jointly by the Chelsea Collaborative and the American Civil Liberties Union (ACLU) against the Secretary of the Commonwealth, resulted in the court ruling that Massachusetts’s voter registration law – which mandates registration deadlines several weeks before elections – violates voters’ rights and requires reconsideration.
“We are extremely happy with the outcome on this case,” stated Gladys Vega, representing the Collaborative. “We strongly feel that this law has to change and we are not saying this should have anything to do with same-day voter registration. What it should have everything to do with is U.S. Citizens being able to have their vote.”
The ACLU characterized the decision as a democratic victory for Massachusetts.
“This is a major victory for democracy in Massachusetts, as the court agreed that the arbitrary 20-day voter registration cutoff law is unconstitutional and disenfranchises thousands of potential voters throughout the Commonwealth every election,” remarked Carol Rose, executive director of ACLU Massachusetts. “As the Trump administration is seeking to limit access to the ballot, Massachusetts should lead nationwide efforts to ensure that everyone has a right to vote. As champions for freedom, the ACLU of Massachusetts is committed to working together with other advocates and the Massachusetts Legislature to protect and expand access to the ballot.”
According to Vega, the existing cutoff requirements force public attention toward September and October – periods when voter engagement typically remains lower. Yet when genuine voter interest peaks, she explained, registration windows have already closed.
“I’ve had people come down with the card to register well before the election and we had to turn them away,” Vega stated. “It was too late. One man tore the card up in front of me and said, ‘Why do I even bother.’ That shouldn’t happen…We have to register voters at a time when no one cares about it rather that at a peak time when people start caring about voting and can no longer participate.”
During testimony before the SJC, a witness presented evidence that over 6,500 voters had been denied registration after the cutoff passed, Vega noted. She further argued that modern technology eliminates any legitimate justification for maintaining such an extended pre-election registration freeze.
“Enough was enough,” she noted. “We felt that this was against the Constitutional right to vote. They don’t need the processing time and documentation time any more. Things are done so much quicker that shouldn’t be a problem now.”
The Court has directed Secretary of the Commonwealth Bill Galvin to develop revised legislation that provides greater accessibility. The State Legislature will subsequently need to approve any new law.