BOYD v. BOARD OF REGISTRARS OF VOTERS OF BELCHERTOWN


368 Mass. 631 (1975)

334 N.E.2d 629

VIRGINIA BOYD & others vs. BOARD OF REGISTRARS OF VOTERS OF BELCHERTOWN.

Supreme Judicial Court of Massachusetts, Suffolk.

September 30, 1975.


Attorney(s) appearing for the Case

Stephen J. Schwartz for the plaintiffs.

Frank Laski, General Counsel, Department of Mental Health, for the Commissioner of the Department of Mental Health, amicus curiae, submitted a brief.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


HENNESSEY, J.

In this case we hold that members of the certified class, including the plaintiffs, if otherwise qualified under the Constitution and laws of this Commonwealth, may not be precluded from registering to vote solely because they reside at a State-operated facility for mentally retarded persons.

The case is before us on a statement of agreed facts. The plaintiffs Virginia Boyd and Ida Montufesco are residents...

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