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 confidentialvoter is dissatisfied with the registrar’s decision to permit the confidentialvoter’s ballot to be counted, that individual may pursue that challenge in superior court.

REGULATORY AUTHORITY

950 CMR 49.00: M.G.L. c. 54, § 37.