Recount

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.