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Laws governing the initiative process in Massachusetts
Laws and procedures
Citizens of Massachusetts may initiate legislation through the process of indirect initiative. In Massachusetts, successful petitions are first presented to the Massachusetts General Court. Once presented to the legislature, proposals for amendments and proposals for statutes face distinct requirements. Amendments must be approved by one-fourth of the legislators in two joint sessions before proceeding to the ballot. Statutes may be adopted by the legislature by a majority vote in both houses. If statute is not adopted, proponents must collect another, smaller round of signatures to place the statute on the ballot. In Massachusetts, citizens also have the power to repeal legislation via veto referendum. The Massachusetts General Court can also place measures on the ballot as legislatively referred constitutional amendments.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
Massachusetts law requires initiatives to concern only topics "which are related or which are mutually dependent." This rule is less restrictive than the full single-subject rule employed in many states.
In 1941, the Massachusetts General Court sought an advisory opinion from the State Supreme Court on this requirement. The request was made in response to a proposed measure allowing doctors to provide contraceptives to married couples for health reasons and exempting medical educators and medical journals from prohibitions on giving advice regarding contraception. The court determined that these provisions satisfied the requirement, arguing:
- "Nor can it rightly be said that the particular subjects... are not related, in view of the relation of each of them to the general subject and purpose of the proposed law. The particular subjects of the proposed law appear to be germane to the general subject of prevention of pregnancy or conception, to such an extent, at least, that they cannot rightly be said to be unrelated."[1]
A 1981 ruling (Massachusetts Teachers Association vs. Secretary of the Commonwealth) confirmed this interpretation, finding that "If... one can identify a common purpose to which each subject of an initiative petition can reasonably be said to be germane, the relatedness test is met." The court further emphasized this point by noting that the related subjects requirement is "less restrictive" than a single-subject rule.
See law: Massachusetts Constitution, Article LXXIV, Section 1
Subject restrictions
- See also: Subject restrictions (ballot measures)
Massachusetts does restrict the subject of initiated measures. Measures may not propose laws regarding the following subjects:
- Religion or religious institutions
- Judges, judicial decisions, or courts
- Laws that apply to particular cities/towns
- Laws that make specific appropriations
- The 18th Amendment (prohibition of alcohol)
- Restricting rights found in the Declaration of Rights
- Subject restriction or the modification of existing restrictions
See law: Massachusetts Constitution, Article XLVIII, Part II, Section 2
Veto referendums on emergency legislation
In Massachusetts, veto referendums can be used on emergency legislation.
- Signatures are due no later than 90 days after the law's effective date.
See law: Massachusetts Constitution, The Referendum
Competing initiatives
The Massachusetts Constitution provides that in the event that two conflicting measures are approved, the measure with the most affirmative votes supersedes the other on any points of conflict--the other measure is not wholly superseded. The General Court is permitted to group conflicting initiatives together on the ballot. Unlike in Maine, this grouping does not restrict how voters may vote on the questions. The General Court is also permitted to place a legislative substitute alongside any measure on the ballot. This requires a simple majority vote in either chamber in the case of proposed statutes. In the case of proposed amendments, this requires a majority vote in joint session in each of two years.
See law: Massachusetts Constitution, Article XLVIII, Parts III and VI
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[2][3][4]
Applying to petition
- See also: Approved for circulation
Prior to circulation, petitioners must file a preliminary petition with the attorney general. This petition includes the title and full text of the measure and the signatures of ten voters. In addition, each of the ten signers must provide documentation of their voter registration (a certificate of voter registration, signed by a majority of the members of the local board of registrars). Once the attorney general has reviewed the petition, proponents must submit the petition to the secretary of the commonwealth. The secretary then drafts the official petition form and supplies it to the proponents.
- Details and guidelines for petition forms can be found here.
See law: Massachusetts Constitution, Article LXXIV, Section 1 and Massachusetts General Laws, Part I, Title VIII, Chapter 53, Section 22A
Proposal review/approval
- See also: Approved for circulation
After an application is submitted, the attorney general must review the proposal to ensure that it complies with the state's subject restrictions. If it complies, proponents then submit the petition to the secretary of the commonwealth, and he or she drafts a summary of the proposed law to be included on the official petition form. This summary must be approved by the attorney general.[5]
See law: Massachusetts Constitution, Article LXXIV, Section 1 and Code of Massachusetts Regulations, Title 950, Section 48.04
Fiscal review
- See also: Fiscal impact statement
Massachusetts does not conduct a fiscal impact study on proposed measures. The legislature is required to fund measures that it does not repeal during the initiative process.
See law: Massachusetts Constitution, Article XLVIII, Part II, Section 2
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Massachusetts signature requirements
Since Massachusetts employs an indirect initiated state statute process for initiative statutes, the state's general court has an opportunity to adopt proposed laws before they move to a popular vote. However, unlike other states, Massachusetts requires additional signatures following legislative inaction on state statutes. Following the submission of enough signatures, initiated constitutional amendments must be approved by a quarter of the legislature in two joint sessions to reach the ballot. No secondary batch of signatures is required.
For an amendment or statute, submitted signatures must equal 3 percent of votes cast for governor in the most recent gubernatorial election, excluding blanks. If the legislature declines to act on a proposed statute, supporters are required to collect a second round of signatures totaling 0.5 percent of the votes last cast for governor, excluding blanks. For proposed amendments, one-quarter of the legislature must approve the petition in a joint session—a second round of signatures is not required and does not overrule rejection by more than three-quarters of the legislature.
For a veto referendum, signatures must equal 1.5 percent of the total votes cast for governor in the most recent gubernatorial election. If the petitioners submit a written request for the suspension of the targeted law prior to the referendum election, signatures equal to 2 percent of the total votes last cast for governor are required to both suspend the law and force an election.
No more than one-quarter (18,644) of the certified signatures on the initiative or referendum petitions may come from any one county.[6]
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded. Since initiated constitutional amendments require approval by one-quarter of legislators in two legislative sessions to reach the ballot, successful initiated constitutional amendment petitions result in a ballot measure put before voters at least two years—but most commonly three years—after signatures are submitted. Thus, the signature requirement for an initiative amendment is determined by the voter turnout in the gubernatorial election held at least two years before the election date of the amendment.
Since constitutional amendments need to be voted on by the legislature in two successive sessions, the signature requirement for constitutional amendments lags behind that of statutes by one cycle.
| Year | Amendment | Statute | Statute add-on | Veto referendum | Veto referendum (suspension of law) |
|---|---|---|---|---|---|
| 2026 | 74,574 | 74,574 | 12,429 | 37,287 | 49,716 |
| 2024 | 80,238 | 74,574 | 12,429 | 37,287 | 49,716 |
| 2022 | 80,238 | 80,238 | 13,374 | 40,119 | 53,492 |
| 2020 | 64,750 | 80,238 | 13,374 | 40,119 | 53,492 |
| 2018 | 64,750 | 64,750 | 10,792 | 32,375 | 43,167 |
| 2016 | 68,911[7] | 64,750 | 10,792 | 32,375 | 43,167 |
| 2014 | 68,911 | 68,911 | 11,485 | 34,456 | 45,941 |
| 2012 | 66,593[8] | 68,911 | 11,485 | 34,456 | 45,941 |
| 2010 | 66,593 | 66,593 | 11,099 | 33,297 | 44,396 |
| 2008 | 66,609[9] | 66,593 | 11,099 | 33,297 | 44,396 |
See law: Massachusetts Constitution, Article XLVIII, Parts IV-V & Article LXXXI, Section 2
Distribution requirements
- See also: Distribution requirements
In Massachusetts, no more than one-quarter of the certified signatures on any petition can come from a single county.
See law: Massachusetts Constitution, Article XLVIII, "General Provisions"
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Massachusetts, circulators are permitted to sign the petition that they are circulating. Circulator affidavits are not required. There are no other specified requirements for circulators.[10][11][12]
Once circulation is completed, the signatures are submitted for certification to the registrars of the city or town where the signers are voters. The registrars then file certified petitions with secretary of the commonwealth.[13][14]
See law: General Laws:CHAPTER 53 and A Guide to State Ballot Question Petitions
Pay-per-signature
- See also: Pay-per-signature
Massachusetts allows paying signature gatherers based on the number of signatures collected.[15]
Out-of-state circulators
Massachusetts does not require petition circulators to be state residents.[16]
Badge requirements
- See also: Badge requirements
Massachusetts does not require paid and volunteer circulators to be identified as such on badges or petitions.[17]
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Massachusetts law does require petitioners to use state-provided petition forms.
See law: Code of Massachusetts Regulations, Title 950, Section 48.07
Deadlines for collection
Signatures for initiated statutes in Massachusetts are collected in two circulation periods. The first period runs from the third Wednesday in September to two weeks prior to the first Wednesday in December.
The legislature must act on the petition by the first Wednesday of May. If the proposed law is not adopted, petitioners then have until the first Wednesday of July to request additional petition forms and submit the second round of signatures, a period of 8 weeks.
The signature deadline for initiated amendments is also the first Wednesday in December. Initiated amendments, however, do not require this second round of signatures, requiring a vote in two joint sessions of the legislature instead. Unlike with initiated statutes, one-quarter of the state legislature must approve the amendment in two joint sessions before it can be placed on the ballot. Since initiated constitutional amendments require approval by 25 percent of legislators in two sessions, initiated constitutional amendments go on the ballot a minimum of two years (and up to three years) after signatures are submitted. For example, an initiated constitutional amendment with signatures submitted in December 2016 would go before legislators in 2017 and 2018 and would go on the ballot in November 2018, while one with signatures submitted in December 2017 would go before the legislature in 2018 and 2019 and appear on the ballot in 2020.
See law: Massachusetts Constitution, Article XLVIII, Part IV-V and Massachusetts Constitution, Article LXXXI, Section 1-3
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
In Massachusetts, petition signatures are submitted to local registrars according to each signer's registration. Once certified by the local registrar of voters, the signatures are submitted to the secretary of the commonwealth. Petitioners are responsible for the picking up the certified signatures from the local registrars and submitting them to the secretary. The deadline for submission to the local registrars is two weeks prior to the deadline for submission to the secretary of the commonwealth.
See law: Massachusetts General Laws, Part I, Title VIII, Chapter 53, Section 7
Ballot title and summary
- See also: Ballot title
In Massachusetts, each measure receives a generic name (Question 1, Question 2...) as well as a title drafted by proponents and a summary drafted by the secretary of the commonwealth. Both of these are reviewed by the attorney general upon applying to petition. In addition, the secretary and attorney general jointly prepare two sentences, one explaining the effect of a "yes" vote and the other explaining the effect of a "no" vote.
Along with the title, ballot language includes both the summary and the yes/no descriptions. The state also prepares a voters' guide on state ballot questions with arguments for and against each proposed measure.
- A sample of a past voters' guide can be found here.
See law: Massachusetts Constitution, Article LXXIV, Section 1; Code of Massachusetts Regulations, Title 950, Section 48.04 ; Massachusetts General Laws, Part I, Title VIII, Chapter 54, Section 53 and Massachusetts General Laws, Part I, Title VIII, Chapter 54, Section 42A
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
Massachusetts initiatives, whether statutes or amendments, must receive a simple majority of the votes cast for or against them. Moreover, at least 30 percent of those casting a ballot in the election must vote in favor of the initiated measure. This does not apply to legislatively referred constitutional amendments.
See law: Massachusetts Constitution, Article XLVIII, Part IV-V and Massachusetts Constitution, Article LXXXI, Section 1-3
Effective date
According to the Massachusetts Constitution, initiated statutes "shall take effect in thirty days after such state election or at such time after such election as may be provided in such law." Courts have yet to fully clarify whether this means 30 days after the election or 30 days after the election results have been certified. However, within the text of the measure, petitioners may stipulate that the law take effect upon certification.[18] Initiated amendments, on the other hand, take effect upon the certification of election results.[19]
See law: Massachusetts Constitution, Article XLVIII, Part IV-V and Massachusetts Constitution, Article LXXXI, Section 1-3
Litigation
- See also: Ballot measure lawsuit news
Any 50 Massachusetts voters can challenge a measure's descriptive title or the sentences explaining the effect of a "yes" or "no" vote. Such challenges should be filed with the Supreme Judicial Court.
See law: Massachusetts General Laws, Part I, Title VIII, Chapter 54, Section 53
Legislative alteration
- See also: Legislative alteration
Massachusetts does not limit how soon, or with what majority, the legislature can repeal an initiated statute. Legislators can only overturn an amendment through the ordinary amendment process.[20] However, if a statute is not repealed the legislature must fund it.
When a proposed amendment is placed before the legislature, lawmakers may amend the proposed amendment but only by a three-fourths supermajority vote called in the joint session. They may not amend proposed statutes. (Note: The majority of an initiative's sponsors can amend a proposed statute after the legislature fails to act and without re-collecting signatures. These amendments may not "materially change the substance of the measure.")
See law: Massachusetts Constitution, Article XLVIII and Article LXXIV
Re-attempting an initiative
In Massachusetts, no measure may be proposed which is substantially the same as any measure that has been submitted to the people in either of the last two biennial state elections.[21]
See law: Massachusetts Constitution, Article LXXIV, Section 1
Funding an initiative campaign
Some of the main features of Massachusetts campaign finance law include:
- Massachusetts treats groups in support or opposition of a referendum differently from other political committees.
- Massachusetts requires a group in support or opposition of a referendum to file a statement of organization before accepting any contributions.
- Corporations and labor unions are allowed to donate to campaigns in support or opposition of a referendum.
- All contributions received must be earmarked within 7 days of receipt of the contribution.
- All ballot question committees must file their reports electronically.
- No employee of the Commonwealth of Massachusetts can be forced to donate to a campaign in support or opposition of a referendum.
State initiative law
Article XLVIII of the Massachusetts Constitution provides authority for the initiative and referendum process.
- Amendments to const. provisions on initiatives: Article LXXIV & Article LXXXI
Part I, Title VIII, Chapter 53 of the Massachusetts General Laws governs the initiative and referendum process.
External links
Footnotes
- ↑ Masscases.com, "OPINION OF THE JUSTICES TO THE SENATE AND HOUSE OF REPRESENTATIVES," May 1, 1941
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Secretary of the Commonwealth, "State Ballot Question Petitions," accessed December 1, 2021
- ↑ Secretary of the Commonwealth, "State Ballot Question Petitions," accessed December 1, 2021
- ↑ The number displayed here was the requirement for petitions submitted in 2013. A petition submitted in 2014 could also have made the 2016 ballot, and the signature requirement for such a petition would have been 64,750 as determined by the 2014 gubernatorial election.
- ↑ The number displayed here was the requirement for petitions submitted in 2009. A petition submitted in 2010 could also have made the 2012 ballot, and the signature requirement for such a petition would have been 68,911 as determined by the 2010 gubernatorial election.
- ↑ The number displayed here was the requirement for petitions submitted in 2005. A petition submitted in 2006 could also have made the 2008 ballot, and the signature requirement for such a petition would have been 66,593 as determined by the 2006 gubernatorial election.
- ↑ The General Court, "General Laws:CHAPTER 53," accessed September 9, 2013
- ↑ Office of the Secretary of the Commonwealth, "950 CMR 48.00: STATE BALLOT QUESTION PETITIONS," accessed September 9, 2013
- ↑ Secretary of the Commonwealth of Massachusetts, "State Ballot Question Petitions," accessed September 9, 2013
- ↑ The General Court, "General Laws:CHAPTER 53, Section 7," accessed September 9, 2013
- ↑ The General Court, "General Laws:CHAPTER 53, Section 22A," accessed September 9, 2013
- ↑ NCSL, "Paid vs. Volunteer Petitioners," December 1, 2021
- ↑ CICF, "2010 State Grades," January 2010
- ↑ NCSL, "Paid vs. Volunteer Petitioners," December 1, 2021
- ↑ Mass.gov, "The initiative petition process," accessed December 1, 2021
- ↑ Secretary of the Commonwealth, "State Ballot Question Petitions," accessed December 1, 2021
- ↑ NCSL, "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," June 28, 2011
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Massachusetts. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
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2021
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2020
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2019
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2018
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2017
There were also several bills proposing to authorize a recall process in specific cities through amending city charters. |
2016
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2015
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2014
The following bills were introduced in the Massachusetts State Legislature:
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2013
The following bills were introduced in the Massachusetts State Legislature:
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2012
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2011
The following bills were introduced in the Massachusetts General Court:
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2010
The following proposals were made during the 2009-2010 session of the Massachusetts State Legislature:
The following bills were introduced in the Massachusetts General Court:
The bill died in committee without seeing a full vote in the General Court[2].
The bill died in committee without seeing a full vote in the General Court.[3]
The bill was reported favorably by the Joint Committee on Election Laws on April 8, 2010[10]. However, the bill died without seeing a floor vote in either House of the General Court[10].
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