Laws governing local ballot measures in Massachusetts
This page describes the state constitutional provisions and statutes that govern local ballot measures in Massachusetts. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
- Laws addressing local ballot measure powers in Massachusetts
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The Massachusetts Constitution and the Massachusetts General Laws establish the rules that govern local ballot measures in the state.
- Constitution: Article LXXXIX and Article XLVIII of the Massachusetts Constitution
- Statute: Massachusetts General Laws Chapter 43
General
The following outlines the general rules that govern local ballot measures in Massachusetts, including both citizen-initiated measures and referred measures from local government bodies.
- Election timing:
- Referred measures: Local governments may place measures on the ballot at a regular or special election.[1] Elections for city bonds must be held at the city's annual town meeting election unless the local government passes a law ordering the election at a different time.[2][3]
- Citizen-initiated measures: A measure that would change a locality's form of government must be placed on the ballot during a statewide election.[4] Veto referendums may be placed on the ballot during a regular city election or at a special election if the city council calls one.[5] Initiated measures must be placed on the ballot at a special election held between 30 and 45 days after signatures are verified. Alternatively, the measure may be placed on the ballot at a regular city election if it is to occur within 90 days of the qualification of signatures.[6]
- Vote requirements: Local ballot measures must be approved by a majority of voters.[5][7] An exception to this is for initiated measures that were signed by less than 15% of registered voters; for those measures to be approved, more than 50% of voters and at least one-third of the city population must support the measure.[8]
- Required ballot measures: Regional school districts must receive voter approval to enact a bond measure.[2] Every two years, all cities and towns in Massachusetts must place a local option measure concerning the sale of alcoholic beverages on the ballot unless voters in the city or town have approved or rejected the measure in three consecutive elections.[9]
- Number of measures on the ballot: Only one measure that would change a locality's form of government may be on the ballot in an election.[10] If two or more measures that address the same topic and contain conflicting provisions are on the ballot and approved at the same time, only the measure that receives more affirmative votes will be enacted.[11]
Initiatives
The following outlines the general rules that govern local citizen-initiated ballot measures in Massachusetts.
- Authority: Voters have the ability to submit indirectly initiated laws to city or town councils and school committees.[12] Additionally, they can submit veto referendums to repeal laws or ordinances passed by city councils, town councils, and school committees.[5] Voters can petition to place an initiative on the ballot that would change the structure of the city council or the school committee to district-based offices.[13] Voters may petition to place a Proposition 2 ½ underride question on the ballot.[7][14] If the local legislative body does not place the measure on the ballot, voters can place a measure on the ballot that would authorize the state's Community Preservation Act.[15] Voters can petition to place a measure on the ballot concerning the sale of alcoholic beverages at taverns and at restaurants and buildings that hold more than 100 people.[9][16]
- Deadlines:
- Veto referendums: Petitions that would repeal a law or ordinance passed by a city or town council or school committee must be submitted within 20 days after the law is passed.[5]
- Citizen-initiated laws: To place a measure on the ballot that would change the locality's form of government, the petition must be filed with the municipal clerk at least 140 days before the next statewide election.[4] An initiative that would change the structure of the city council or the school committee to district-based offices must be filed with the city clerk at least 140 days before the election.[13] Voters must file a petition for a measure that would authorize the Community Preservation Act between 90 and 42 days before a regular municipal election or between 120 and 67 days before a regular state election.[15] Petitions that concern the sale of alcoholic beverages in their city or town must be submitted to the state secretary at least 60 days before the next regular state election.[9][16]
- Advisory questions: To place an advisory question on the ballot, a petition with signatures must be submitted to the registrar at least 42 days before the regular municipal election.[17]
- Signatures:
- Veto referendums: Petitions that would repeal a law or ordinance passed by a city or town council or school committee must contain a number of signatures greater than at least 12% of registered voters.[5]
- Citizen-initiated laws: To place a measure on the ballot that would change the locality's form of government, the petition must be signed by 10% of registered voters at the last statewide election.[4] An initiated measure must be signed by at least 15% of registered voters.[6] Alternatively, if an initiated measure is signed by between 8% and 15% of registered voters, it can be placed on the ballot for approval by voters. In this instance, the measure must be approved by at least one-third of the city and a majority of voters voting on the measure.[8] An initiative that would change the structure of the city council or the school committee to district-based offices must be signed by 5% of registered voters at the last state election.[13] An initiative petition that would authorize the Community Preservation Act must be signed by 5% of registered voters.[15] Petitions that concern the sale of alcoholic beverages in their city or town at restaurants and buildings that hold more than 100 people must be signed by at least 10% of voters registered during the last city or town election.[9] Petitions that concern the sale of alcoholic beverages in their city or town at taverns must be signed by at least 1% of registered voters.[16]
- Advisory questions: To place an advisory question on the ballot, a petition must be signed by 10% of registered voters in the city or town, or 20 people, whichever is greater.[17]
Referrals
The following outlines additional rules that govern local referred ballot measures in Massachusetts.
- Authority: A city or town council may place a nonbinding advisory question on the ballot.[17] Municipalities can place a measure on the ballot to permanently increase, permanently decrease, or temporarily alter the government's taxing authority. These are known as Proposition 2 ½ measures, referencing the 1980 statewide ballot measure that created the local taxing authority limits.[7] Local governments may place a measure on the ballot that would authorize the Community Preservation Act.[15]
- Deadlines: Nonbinding advisory questions must be placed on the ballot no later than 35 days before the next regular municipal election.[17] Measures that would authorize the Community Preservation Act must be passed and submitted to the city or town clerk at least 35 days before a city or town election or 60 days before a state election.[15]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
External links
- Massachusetts Office of the Attorney General - Types of petitions and ballot questions
- Proposition 2 ½ Ballot Question Requirements and Procedures
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Massachusetts
- Counties in Massachusetts
Footnotes
- ↑ The 194th General Court of the Commonwealth of Massachusetts, "Section 43: Submission of proposed measure to voters," accessed December 2, 2025
- ↑ 2.0 2.1 The 194th General Court of the Commonwealth of Massachusetts, "Section 16: Regional school districts; status; powers and duties," accessed December 2, 2025
- ↑ The 194th General Court of the Commonwealth of Massachusetts, "Section 9: Annual meeting; other meetings; election of officers; times; adjournment; holidays," accessed December 23, 2025
- ↑ 4.0 4.1 4.2 The 194th General Court of the Commonwealth of Massachusetts, "Section 7: Adoption of plan; filing of petition calling for vote," accessed December 1, 2025
- ↑ 5.0 5.1 5.2 5.3 5.4 The 194th General Court of the Commonwealth of Massachusetts, "Section 42: Referendum petition; effect on final passage," accessed December 1, 2025
- ↑ 6.0 6.1 The 194th General Court of the Commonwealth of Massachusetts, "Section 39: Initiative petition; passage and submission to electorate," accessed December 1, 2025
- ↑ 7.0 7.1 7.2 Massachusetts Department of Revenue - Division of Local Services, "Proposition 2½ Ballot Questions Requirements and Procedures," accessed December 2, 2025
- ↑ 8.0 8.1 The 194th General Court of the Commonwealth of Massachusetts, "Section 40: Proceedings if initiative petition not properly signed," accessed December 2, 2025
- ↑ 9.0 9.1 9.2 9.3 The 194th General Court of the Commonwealth of Massachusetts, "Section 11: Questions to be placed on ballot at biennial state election," accessed December 2, 2025
- ↑ The 194th General Court of the Commonwealth of Massachusetts, "Section 10: Number of plans considered at election; procedure on subsequent petitions," accessed December 1, 2025
- ↑ The 194th General Court of the Commonwealth of Massachusetts, "Section 44: Measures with conflicting provisions," accessed December 2, 2025
- ↑ The 194th General Court of the Commonwealth of Massachusetts, "Section 37: Initiative petition; measure defined," accessed December 1, 2025
- ↑ 13.0 13.1 13.2 The 194th General Court of the Commonwealth of Massachusetts, "Section 129: Referendum; questions submitted; petition," accessed December 2, 2025
- ↑ The name Proposition 2 ½ references the 1980 statewide ballot measure that created the local taxing authority limits.
- ↑ 15.0 15.1 15.2 15.3 15.4 The 194th General Court of the Commonwealth of Massachusetts, "Section 3: Acceptance of Secs. 3 to 7," accessed December 2, 2025
- ↑ 16.0 16.1 16.2 The 194th General Court of the Commonwealth of Massachusetts, "Section 11A: Submission of question at special and regular municipal elections; petition; taverns," accessed December 2, 2025
- ↑ 17.0 17.1 17.2 17.3 The 194th General Court of the Commonwealth of Massachusetts, "Section 18A: Nonbinding public opinion advisory questions on local ballots," accessed December 1, 2025