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

Mass. Gen. Laws ch. 53, § 48 (2026)

Nomination papers; certificates of nomination; filing; political party membership; term limits

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Section 48. Nomination papers of candidates to be voted on at presidential primaries except candidates for state, ward and town committees, shall be filed with the state secretary on or before the first Friday in January preceding the day of the primaries.

Nomination papers of candidates for election to state, ward and town committees at presidential primaries shall be filed with the state secretary on or before the third Tuesday in November of the year preceding said presidential primaries.

All certificates of nomination and nomination papers of candidates for the office of state representative, state senator, executive council, or county office shall be filed with the state secretary on or before the last Tuesday in May of the year in which a state election is to be held. Certificates of nomination or nomination papers for the office of senator in congress, representative in congress, governor, lieutenant governor, attorney general, treasurer and receiver general, state auditor and state secretary, shall be filed on or before the first Tuesday in June of the year in which a state election is to be held. In the case of primaries before special elections, such nomination papers shall be filed on or before the fifth Tuesday preceding the day of the primaries. The state secretary shall forthwith issue to the candidate or other person filing such nomination papers a certificate acknowledging the time and date of the receipt thereof.

There shall not be printed on the ballot at the state primary the name of any person as a candidate for nomination for any office to be filled by all the voters of the commonwealth, or for representative in congress, governor's councillor, senator in the general court, representative in the general court, district attorney, clerk of court, register of probate and insolvency, register of deeds, county commissioner, sheriff, or county treasurer, unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter, certifying that he has been enrolled as a member of the political party whose nomination he seeks throughout the ninety days prior to the last day herein provided for filing nomination papers with the state secretary, is filed with the state secretary on or before such filing deadline. Said registrars shall issue such certificate, signed by a majority thereof, forthwith upon request of any such candidate so enrolled or of his authorized representative. Said registrars of voters shall issue such certificate to any person seeking the nomination of a political party, who is a newly registered voter of that city or town enrolled in that political party and who has not been an enrolled member of another political party during the year preceding the last day for filing nomination papers with the state secretary. No such certificate shall be issued to any person who is a candidate for nomination for any such office, if such person has been an enrolled member of another political party during the year prior to the last day for filing nomination papers with the state secretary as provided by this section.

There shall not be printed on the ballot at the state primary or state election the name of any person as a candidate for nomination or election for any office to be filled by all the voters of the commonwealth, or for representative in congress, governor's councillor, senator in the general court or representative in the general court, if said person: (a) is a candidate for the office of Governor, Lieutenant Governor, Secretary, Treasurer, Auditor or Attorney General who, by the end of the then current term of office will have served, or but for resignation would have served, for two consecutive terms in that office within the eleven year period immediately preceding the end of the then current term of office; (b) is a candidate for the office of governor's councillor, senator in the general court, representative in the general court, or representative in congress from Massachusetts who, by the end of the then current term of office will have served, or but for resignation would have served, four consecutive terms in that office within the nine year period immediately preceding the end of the then current term of office; or (c) is a candidate for the office of United States Senator from Massachusetts who, by the end of the then current term of office will have served, or but for resignation would have served, two consecutive terms in that office within the seventeen year period immediately preceding the end of the then current term of office. For the purpose of this section, (i) any person elected or appointed to the office of governor, lieutenant governor, secretary, treasurer, auditor, attorney general, representative in the general court, senator in the general court, representative in congress or United States Senator from Massachusetts who serves more than one-half of a term in that office, shall be deemed to have served an entire term in that office, and (ii) any person serving in one of the foregoing offices as of January 15, 1995 shall be deemed to be serving his first term in that office.

Notes of Decisions
Cited in 11 cases, 1972–2004 · leading case: McClure v. Galvin, 386 F.3d 36 (1st Cir. 2004).
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McClure v. Galvin, 386 F.3d 36 (1st Cir. 2004). · cites it 3× “Mass. Gen. Laws ch. 53, § 48 . The ninety-day period thus did not include the presidential primaries for individuals running for these offices.”
Metros v. Sec'y of the Commonwealth, 484 N.E.2d 1015 (Mass. 1985). · cites it 2× “G. L. c. 53, § 48 (1984 ed.). The statutes also set the date of the presidential primary on the second Tuesday in March in presidential election years.”
Gerberding v. Munro, 134 Wash. 2d 188 (Wash. 1998). “Idaho Code § 34-907 ; Mass. Gen. Laws ch. 53, § 48 ; Me. Rev. Stat.”
Gerberding v. Munro, 949 P.2d 1366 (Wash. 1998). “Idaho Code § 34-907 ; Mass. Gen. Laws ch. 53, § 48 ; Me.Rev.Stat.”
League of Women Voters v. Sec'y of the Commonwealth, 425 Mass. 424 (Mass. 1997). · cites it 2× “Section 1 of chapter 230 inserted a new paragraph in G. L. c. 53, § 48, as appearing in the 1992 official edition of the General Laws.”
Sears v. Sec'y of the Commonwealth, 341 N.E.2d 264 (Mass. 1975). · cites it 2× “G. L. c. 53, § 48, as appearing in St. 1975, c.”
Opinion of the Justices to the House of Representatives, 422 Mass. 1212 (Mass. 1996). “230, § 1; G. L. c. 53, § 48 (1994 ed.). The petitioners also argue that, while the remaining language refers to representatives only, and not senators, it may still be interpreted to refer to all members of the General Court, since members of both the Senate and the House of…”
LaRouche v. Guzzi, 417 F. Supp. 444 (D. Mass. 1976). “M.G.L. c. 53, § 48 (1976-77 Supp.). The primary is on the Tuesday seven weeks before the general election (September 14, 1976).”
Del Gallo v. Sec'y of the Commonwealth, 816 N.E.2d 108 (Mass. 2004). · cites it 2× “See G. L. c. 53, § 48 (“party loyalty” statute).”
Opinion of the Justices to the House of Representatives, 333 N.E.2d 380 (Mass. 1975). “Under G. L. c. 53, § 48, a party member who wishes to run as the nominee of another party must reregister at least one year before the last day for filing nomination papers.”
Johnson v. State Ballot Law Comm'n, 287 N.E.2d 597 (Mass. 1972). · cites it 2× “This was the last day for filing such papers under G. L. c. 53, § 48. The plaintiff did not file with these papers any certificate that he was enrolled as a member of the Republican party.”
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