Massachusetts General Laws

Mass. Gen. Laws ch. 54, § 97 (2026)

Immaterial irregularities

✓ current as of July 2026

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Section 97. No ballot transmitted under any provision of sections eighty-six to one hundred and three, inclusive, shall be rejected for any immaterial addition, omission or irregularity in the preparation or execution of any writing or affidavit required by said sections.

Notes of Decisions

Cited in 4 cases, 1971–1991 · leading case: Connolly v. Sec'y of the Commonwealth, 536 N.E.2d 1058 (Mass. 1989).

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Connolly v. Sec'y of the Commonwealth, 536 N.E.2d 1058 (Mass. 1989). “” G. L. c. 54, § 97. In keeping with this statement of legislative intent, we have reasoned that “an absentee voter should not be disenfranchised if he substantially complies with the election law.”

Colten v. City of Haverhill, 564 N.E.2d 987 (Mass. 1991). “Indeed, G. L. c. 54, § 97, commands that “[n]o [absentee] ballot .”

Desjourdy v. Bd. of Registrars of Voters of Uxbridge, 266 N.E.2d 672 (Mass. 1971). “Compare G. L. c. 54, § 97; Swift v. Registrars of Voters of Quincy, 281 Mass.”

Colten v. City of Haverhill, 559 N.E.2d 1253 (Mass. App. Ct. 1990). “We conclude that (1) the challenged absentee ballots were facially defective; and (2) the city did not follow the proper procedures for absentee ballots contained in envelopes (which are facially defective), as set out in Connolly v. Secretary of the Commonwealth, 404 Mass.”

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