Massachusetts General Laws

Mass. Gen. Laws ch. 54, § 98 (2026)

Absent voter unable to mark ballot

✓ current as of July 2026

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Section 98. An absent voter who because of blindness or other physical disability or inability to read or read in the English language is unable to prepare his ballot may at his discretion be assisted in marking it by any person whom he may designate. Such designated person shall add in writing a statement that the voter is unable to write, the reason therefor, and shall sign the voter's name on the inner envelope.

Notes of Decisions

Cited in 4 cases, 1982–1991 · leading case: McCavitt v. Registrars of Voters of Brockton, 434 N.E.2d 620 (Mass. 1982).

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McCavitt v. Registrars of Voters of Brockton, 434 N.E.2d 620 (Mass. 1982). · cites it 4× “See G. L. c. 54, § 98. 13 Once the voter has marked his ballot, he must place it in the specially provided envelope and execute the affidavit on the envelope in the presence of a notary.”

Colten v. City of Haverhill, 564 N.E.2d 987 (Mass. 1991). · cites it 3× “54, § 92, and because some of the envelopes lacked statements required by G. L. c. 54, § 98, explaining why the voter needed assistance preparing the ballot.”

Connolly v. Sec'y of the Commonwealth, 536 N.E.2d 1058 (Mass. 1989). “54, § 98, allows a voter who is unable to prepare his or her own ballot to receive assistance in marking the ballot.”

Colten v. City of Haverhill, 559 N.E.2d 1253 (Mass. App. Ct. 1990). “G. L. c. 54, § 98. In spite of these obvious defects, the registrars of voters of Haverhill separated the ab *270 sentee ballots from their envelopes and credited them to the respective candidates as indicated.”

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