Voting in State and Federal Elections Under a Power of Attorney in Mass.

Voting in State and Federal Elections Under a

Power of Attorney in Massachusetts

By: Thomas M. McHugh

tmchugh@rubinrudman.com

(617)  330-7064

Rubin and Rudman LLP

It seems as though the modern election cycle is perpetual.  One election cycle ends just as the next begins, and politicians appear to be in a permanent state of campaigning.  This is especially true this year, as the State of New Hampshire was inundated with campaign staffers, volunteers, candidates, and media well prior to the 2016 New Hampshire primary.  With other primaries and the general election ahead, including in the Commonwealth of Massachusetts, this article examines an issue that arises in connection herewith: in Massachusetts (“MA”) may an attorney-in-fact (“Agent”) vote in the stead of the principal (“Principal”) in public local, state, and/or federal elections (collectively, the “Elections,” and each individually, an “Election”) pursuant to a general durable power of attorney (“DPA”)?

In brief, an Agent may not vote in the stead of the Principal in Elections in MA; however, an Agent may assist a Principal in voting in a MA Election. To read the full article, click here Voting in Elections Under Power of Attorney in MA