Section 38. The registrars shall, upon the personal application of a listed person for the correction of any error in their original lists, and whenever informed of any such error, make due investigation, and, upon proof thereof, correct the same on their books. When informed that a person whose name has been omitted from the voting lists of a city or town is in a hospital, a sanatorium, a rest home or convalescent or nursing home in another city or town, they shall make due investigation and, upon proof thereof, they shall restore the name of such person to the list of voters at his address of last registration, provided that he has not acquired the qualifications for registration as a voter in the town where he then resides. When informed of the omission of the name of a person who is averred to have resided in the city or town on January first in the then current year and to have been listed there in the preceding year, they shall make due investigation, and, upon proof thereof, add the name to their books. They shall revise and correct the current annual register in accordance with any facts they may have presented to them. They may, for this purpose, require that such facts be presented to them in writing, signed under the penalties of perjury. They shall strike therefrom the name of every deceased voter which has been transmitted to them under section fourteen or which has been electronically transmitted to them. After the name of a voter has been placed upon the current annual register or upon the inactive voters list, they shall not strike such name therefrom unless: (a) the voter has died; (b) they have received a duplicate copy of an affidavit of registration from the registrars of another city or town; (c) they have received a change of address notification from the registry of motor vehicles; (d) they have received a written request from the voter or the voter has confirmed in writing that he has moved to another city or town; or (e) the voter has not responded to the notice described in section thirty-seven and has not voted in the next two biennial state elections following the mailing of such notice.

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Terms Used In Massachusetts General Laws ch. 51 sec. 38

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.