Massachusetts Question 3, Governor Inability to Perform Duties Amendment (1968)

Massachusetts Question 3
Election date November 5, 1968
Topic State executive branch structure and State executive elections
Status Approved
Type Legislatively referred constitutional amendment	Origin State legislature

Massachusetts Question 3 was on the ballot as a legislatively referred constitutional amendment in Massachusetts on November 5, 1968. It was approved.

A “yes” vote supported this constitutional amendment to define when a Governor’s inability to perform duties constitutes a vacancy, establish procedures for determining and resolving such a vacancy, extend the same process to a Lieutenant Governor acting as Governor, and require a special election to fill the Governor’s office if the vacancy lasts six months and ends more than five months before a regularly scheduled state election.

A “no” vote opposed this constitutional amendment to define when a Governor’s inability to perform duties constitutes a vacancy.

Election results

Massachusetts Question 3
Result		Votes	Percentage
Yes		1,218,728	72.81%
No		455,020	27.19%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Question 3 was as follows:

“

Do you approve of the adoption of an amendment to the Con- stitution summarized below, which was approved by the General Court in a joint session of the two branches held July 20, 1966, received 225 votes in the affirmative and 1 in the negative, and in a joint session of the two branches held June 15, 1967, received 210 votes in the affirmative and 2 in the negative?

”

Ballot summary

The ballot summary for this measure was:

“

The proposed amendment of the Constitution defines the circumstances in which a Governor's inability to perform his functions shall cause his office to become vacant, and it establishes a procedure for making the necessary determinations. The office will become vacant following a declaration of disability by the Governor himself or by the Chief Justice and a majority of the Associate Justices of the Supreme Judicial Court, or such other body as the Legislature may provide. The vacancy will terminate four days after the Governor declares that no disability exists, unless (1) within that period the Chief Justice and majority of the Associate Justices, or such other body provided by the Legislature, should make a contrary declaration and (2) within another stated period the Legislature by two-thirds of each branch present and voting, then determines the issue contrary to the Governor's declaration. The same procedure will also apply to a Lieutenant Governor who in the case of a vacancy is performing the Governor's duties. The proposed amendment also requires the election of a Governor for the unexpired balance of the four-year term, if a vacancy in the office of Governor as described in the proposed amendment continues for a six-month period expiring more than five months prior to a biennial state election other than an election for Governor.

”

Path to the ballot

See also: Amending the Massachusetts Constitution

A simple majority vote is required during two successive joint legislative sessions for the Massachusetts State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the joint session of the state legislature, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also

1968 Measures

• 1968 Measures
• State executive elections on the ballot
• State executive branch structure on the ballot
• 1968 legislative sessions

Massachusetts

• Massachusetts ballot measures
• Massachusetts ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• William Francis Galvin Secretary of the Commonwealth of Massachusetts, "Massachusetts Statewide Ballot Measures: 1919-Present"
• The North Adams Transcript, "NOTICE OF STATE ELECTION," November 1, 1968