BOSTON — Mass Daily News filed a formal complaint Saturday with the Massachusetts Elections Division regarding Councilor Gabriela Coletta-Zapata’s conduct inside an active polling place at the BCYF Paris Street Community Center during this summer’s preliminary voting.

We didn’t file this complaint on a whim. We filed it because Boston’s election system is already under state receivership after a series of alarming failures — and the last thing voters need is an elected official walking into a polling site and arguing with the people who are there to enforce the rules.

Mass Daily News obtained the body-cam footage through a public records request after a concerned resident alerted us to the incident. When we saw the footage, we realized the problem wasn’t just the conduct — it was the context.

And when we reviewed the law, it became even clearer. Under Massachusetts election rules, entering or remaining inside the active voting area without authorization is not a harmless misunderstanding — it is misconduct. M.G.L. c. 54 §65 and Election Advisory 24-02 are explicit about who may be inside a polling place, what they may do, and why those restrictions exist. The footage shows conduct that raises serious legal questions, not a routine interaction or an innocent mistake.

Earlier this year, the Secretary of the Commonwealth took control of Boston’s Election Department following repeated breakdowns: precincts running out of ballots, miscommunication between election officials, reports of duplicate ballots being mailed, and voters being turned away or redirected on Election Day. The state described “systemic operational problems” and “unacceptable failures in election administration.”

This is not a normal environment. This is a department the state has deemed too dysfunctional to run its own elections without oversight.

And into that already unstable system walked a sitting City Councilor — inside the active voting area — raising her voice at a Boston Police officer and insisting she didn’t have to leave.

Two experts quoted in the Boston Herald were unequivocal:

“I think it’s likely a violation.” — Harvey Silverglate, constitutional and civil liberties attorney

Silverglate told the Herald there is an “80% chance she’s wrong” under Massachusetts election law and said her defense, while “plausible,” would “probably fail” if the state investigates. He added that Coletta-Zapata would “probably be penalized” if officials find a violation.

The Secretary of State’s spokesperson, Debra O’Malley, confirmed the state had received no complaint until now and did not dismiss whether the video could trigger an investigation.

Despite what’s clearly on tape, union leadership rushed to defend the councilor — criticizing the unpaid poll worker and downplaying the officer’s role. Multiple rank-and-file officers have since contacted Mass Daily News, describing the union’s statement as “political” and unrepresentative of what actually happened.

Our complaint asks the Elections Division to determine: • Whether Coletta-Zapata’s conduct violated M.G.L. c. 54 §65 or Election Advisory 24-02, • Whether elected officials receive different treatment inside polling places than regular voters, • And whether Boston’s state-overseen election system needs clearer, stricter enforcement guidance moving forward.

We filed this complaint because the rules inside a polling site exist for a reason — and they apply to everyone. When an election department is already under state control for serious operational failures, the public cannot afford blurred lines, special treatment, or improvised interpretations of election law.

Mass Daily News will publish updates the moment the Elections Division responds.

— Mass Daily News