LegalFix

Section 59 - Certificate in Case of Omissions or Clerical Errors; Voting Procedure

MA Gen L ch 51 § 59 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 59. Whenever the name of a voter, appearing at a polling place to vote in a primary, caucus or election or preliminary election, does not appear on a voting list prepared as required by section fifty-five or in whose name or residence, as placed on such list, a clerical error has been made, the presiding officer shall attempt to identify such voter and his right to vote at such polling place by consulting the inactive voters list, which list the registrars of voters shall make available at the polling place for this purpose and then, if necessary, by communicating with the board of registrars by telephone or other means at his disposal. If the presiding officer is then satisfied that such voter is entitled to vote, he shall issue a certificate in a form supplied by the registrars, stating the name, residence and party enrollment, if any, of the voter so identified, and such certificate shall be signed by such presiding officer. The certificate shall be attached to and be considered part of the voting list, returned and preserved therewith, and such voter shall be allowed to vote.

Whenever the presiding officer, after a reasonable attempt, is unable to identify a voter whose name does not appear on the voting list, such voter may request permission to vote from the registrars of voters. If said registrars find that the name of such voter has been omitted from the voting list, or a clerical error has been made in his name or residence, as placed on such list, the registrars shall issue a certificate of name, residence and party enrollment, if any, as stated on the annual register, signed by a majority of the registrars. On presentation thereof to the presiding officer of the polling place in which the voter was registered, or is authorized to vote, such voter shall be allowed to vote, and his name shall be checked on the certificate, which shall be attached to and considered a part of the voting list and returned and preserved therewith; provided, however, that if such voter desires to vote at the office of the city or town clerk or election commissioners, an absentee ballot shall be issued to such voter, who shall mark it and enclose it in an absentee ballot envelope, together with the certificate. The clerk or commissioner shall then mark on the envelope ''Listing Error'', and as soon as practicable shall transmit such envelope to the proper polling place. Such ballot shall be cast and counted as if the voter had appeared personally, and the certificate shall be attached to and considered part of the voting list. The envelopes shall be preserved in the same manner as other absentee ballot envelopes.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 59 - Certificate in Case of Omissions or Clerical Errors; Voting Procedure