Mass. Gen. Laws » Part I Title VIII Chapter 51
Massachusetts General Laws

Mass. Gen. Laws ch. 51, § 59 (2026)

Certificate in case of omissions or clerical errors; voting procedure

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 5 cases, 1981–1999 · leading case: Santana v. Registrars of Voters of Worcester, 425 N.E.2d 745 (Mass. 1981).
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Santana v. Registrars of Voters of Worcester, 425 N.E.2d 745 (Mass. 1981). · cites it 3× “Additionally, the plaintiffs contend that under G. L. c. 51, § 59, a person whose name does not appear on a voting list may vote by certificate at the polling place if his right to vote can be ascertained.”
Santana v. Registrars of Voters of Worcester, 502 N.E.2d 132 (Mass. 1986). · cites it 2× “The trial judge held that the defendants had failed to comply with G. L. c. 51, § 59, in not making voter certification procedures available to persons other than those who could demonstrate that their removal from the voting lists was due to the defendants’ clerical error.”
Santana v. Registrars of Voters, 390 Mass. 353 (Mass. 1983). · cites it 2× “The registrars also allege error in the judgment that previously registered voters who have been dropped from the city’s voting list, regardless of whether they failed to respond to the city’s voter “drop” notice procedures, be permitted to vote in accordance with the…”
Fyntrilakis v. City of Springfield, 713 N.E.2d 1007 (Mass. App. Ct. 1999). · cites it 4× “04(6) (1995) and G. L. c. 51, § 59. Fyntrilakis sought a declaration that the primary results are invalid as well as injunctive relief ordering both a new Democratic primary election to be held forthwith, and that the June 22, 1999, general election be postponed.”
Penta v. City of Revere, 8 Mass. L. Rptr. 106 (Mass. Super. Ct. 1997). · cites it 4× “G.L.c. 51, §59 provides as follows: Whenever the name of a voter, appearing at a polling place to vote in a[n].”
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