Mass. Gen. Laws » Part I Title VIII Chapter 53
Massachusetts General Laws

Mass. Gen. Laws ch. 53, § 28 (2026)

Dates and places for holding primaries

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 28. State primaries shall be held on the seventh Tuesday preceding biennial state elections and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the sixth Tuesday preceding said elections. If a religious holiday falls on or immediately before the second Tuesday in September in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the second Tuesday in September. The state secretary shall publish the date change of the state primary not later than February 1 of that year by: (i) providing notice of the change to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification. Presidential primaries shall be held on the first Tuesday in March in any year in which presidential electors are to be elected. Notwithstanding any provision of law to the contrary, any town may hold its preliminary or regular town elections on the same date designated as the date to hold a presidential primary, in any year in which presidential electors are to be elected, provided that such election is by a ballot independent of the ballot used at a presidential primary. City and town primaries before all city and town elections shall be held on the twenty-eighth day preceding such elections.

Except in Boston, primaries shall be held wholly or partly by wards, precincts or towns, as the aldermen or selectmen may designate.

Notwithstanding the provisions of any general or special law, town charter or by-law to the contrary, if the date for holding a preliminary, primary or town election or annual town meeting falls within thirty days before or after the presidential primary, the town council in a town having a town council and the board of selectmen in any other town, after consulting the town clerk may, by majority vote, establish a date between February first and May thirty-first for holding such preliminary, primary or town election or annual town meeting. Any preliminary, primary or town election or annual meeting shall be held on the date or dates established and shall be called as provided by sections nine A and ten of chapter thirty-nine.

Notwithstanding the provisions of any general or special law to the contrary, if the date for holding a district election falls within thirty days before or after the presidential primary, the prudential committee, if any, otherwise the commissioners, of the district may, by majority vote, establish a date between February first and May thirty-first for holding such district election. Any district election shall be held on the date established and shall be called as provided by section one hundred and nineteen of chapter forty-one. For the purposes of this section, district shall mean a district created by special law or established under the provisions of a general law.

Notes of Decisions
Cited in 4 cases, 1928–1985 · leading case: Metros v. Sec'y of the Commonwealth, 484 N.E.2d 1015 (Mass. 1985).
Sort: Relevance Newest Treatment
Metros v. Sec'y of the Commonwealth, 484 N.E.2d 1015 (Mass. 1985). “G. L. c. 53, § 28 (1984 ed.). Between those two dates, the greatest possible number of days is eighty-four.”
LaRouche v. Guzzi, 417 F. Supp. 444 (D. Mass. 1976). “M.G.L. c. 53, § 28 (1976-77 Supp.). Accordingly one seeking ballot status via the party route files papers with the Secretary 119 days before the general election, and may become finally qualified only upon winning the party primary in September.”
Sears v. Sec'y of the Commonwealth, 341 N.E.2d 264 (Mass. 1975). “G.L. c. 53, § 28, as amended through St. 1975, c.”
Swig v. State Ballot Law Comm'n, 163 N.E. 257 (Mass. 1928). “On that day, October 18, 1928, when the briefs of the petitioner and the respondents were presented to this court, both September 18, the last day on which, by G. L. c. 53, § 28, as amended by St. 1926, c.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.