Massachusetts Regulations § 950 CMR 49.17 Recount
Regulation Text
Although the burden of proving that a challenged voter's ballot should not be counted is usually on the candidate or individual challenging the voter, the special circumstances of confidential voters necessarily alters this burden. Therefore, when a confidential voter is challenged, the registrar must provide the affirmation described in 950 C.M.R. 49.10. If a candidate or individual challenging the confidential voter is dissatisfied with the registrar's decision to permit the confidential voter's ballot to be counted, that individual may pursue that challenge in superior court.
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