Help us improve in just 2 minutes—share your thoughts in our reader survey.
Massachusetts Question 4, Remove Proof of Citizenship or Immigration Status for Driver's License Applications Referendum (2022)
Massachusetts Question 4 | |
---|---|
![]() | |
Election date November 8, 2022 | |
Topic Transportation and Immigration | |
Status![]() | |
Type Referendum | Origin Citizens |
Massachusetts Question 4, the Remove Proof of Citizenship or Immigration Status for Driver's License Applications Referendum, was on the ballot in Massachusetts as a veto referendum on November 8, 2022. The ballot measure was approved, thus upholding the legislation.
A "yes" vote was to uphold House Bill 4805, which allows applicants who cannot verify citizenship or immigration status to submit certain forms of identification to obtain a driver’s license or motor vehicle registration. |
A "no" vote was to repeal House Bill 4805, thereby maintaining existing state law that prohibits applicants who cannot verify citizenship or immigration status from obtaining a driver's license and motor vehicle registration. |
Election results
Massachusetts Question 4 |
||||
---|---|---|---|---|
Result | Votes | Percentage | ||
1,298,399 | 53.93% | |||
No | 1,108,985 | 46.07% |
Overview
What did Question 4 do?
- See also: Text of measure
Question 4 was a veto referendum on House Bill 4805 (H 4805). H 4805 repealed the provision of state law that says, "No license of any type may be issued to any person who does not have lawful presence in the United States."[1]
The proposed law prohibited registrars from inquiring about an applicant’s citizenship or immigration status when applying for a driver's license or motor vehicle registration. It also authorized registrars to accept certain documents to verify the identity and date of birth of an applicant. H 4805 required one of the documents to be either a valid unexpired foreign passport or a valid unexpired Consular Identification document. The bill required the second document to be a valid unexpired driver’s license from any U.S. state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national identification card, a valid unexpired foreign driver’s license, or a marriage certificate or divorce decree issued by any state or territory of the United States. Any information or communication provided by an applicant to the registrar of motor vehicles, including not providing proof of lawful presence, would not be considered public record nor be disclosed by the registrar, except as required by federal law.[1]
The law was designed to take effect on July 1, 2023.
Do other states have similar laws?
At the time of the election, 17 states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington—and Washington, D.C., had enacted laws authorizing the issuance of driver's licenses to immigrants who cannot provide proof of lawful or authorized presence. The documents required to obtain a driver's license varied by state but included a foreign birth certificate, foreign passport, or consular card along with evidence of current residency in the state.[2]
Who was behind the campaigns in favor of a 'yes' or 'no' vote?
Yes on 4 led the campaign in support of a 'yes' vote on Question 4. The campaign received endorsements from ACLU of Massachusetts and SEIU of Massachusetts. Elizabeth Sweet, executive director of the Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition, said, "The Work and Family Mobility Act makes our communities safer, builds trust between law enforcement and immigrant communities, and benefits our economy. Members of the diverse and united Driving Families Forward coalition have fought tirelessly for nearly 20 years to allow individuals to apply for driver's licenses regardless of immigration status, and we will continue to fight for this reform as long as it takes."[3]
Fair and Secure Massachusetts led the campaign in support of a 'no' vote on Question 4. The committee collected over 100,000 signatures to place the veto referendum on the ballot. It received endorsements from Gov. Charles D. Baker (R), Gubernatorial Candidate Geoff Diehl (R), and State Representatives Colleen Garry (D) and Marc Lombardo (R). Maureen Maloney, one of the sponsors of the veto referendum, said, "I do not think that we should be rewarding people for being in the country illegally. I think the RMV [Registry of Motor Vehicles] is not equipped to properly vet people coming to the United States from over 100 different countries."[4]
Text of measure
Ballot question
The ballot question was as follows:[5]
“ | Do you approve of a law summarized below, which was approved by the House of Representatives and the Senate on May 26, 2022?[6] | ” |
Ballot summary
The ballot summary was as follows:[5]
“ | This law allows Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a standard driver’s license or learner’s permit if they meet all the other qualifications for a standard license or learner’s permit, including a road test and insurance, and provide proof of their identity, date of birth, and residency. The law provides that, when processing an application for such a license or learner’s permit or motor vehicle registration, the registrar of motor vehicles may not ask about or create a record of the citizenship or immigration status of the applicant, except as otherwise required by law. This law does not allow people who cannot provide proof of lawful presence in the United States to obtain a REAL ID.
To prove identity and date of birth, the law requires an applicant to present at least two documents, one from each of the following categories: (1) a valid unexpired foreign passport or a valid unexpired Consular Identification document; and (2) a valid unexpired driver’s license from any United States state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national identification card, a valid unexpired foreign driver’s license, or a marriage certificate or divorce decree issued by any state or territory of the United States. One of the documents presented by an applicant must include a photograph and one must include a date of birth. Any documents not in English must be accompanied by a certified translation. The registrar may review any documents issued by another country to determine whether they may be used as proof of identity or date of birth. The law requires that applicants for a driver’s license or learner’s permit shall attest, under the pains and penalties of perjury, that their license has not been suspended or revoked in any other state, country, or jurisdiction. The law specifies that information provided by or relating to any applicant or license-holder will not be a public record and shall not be disclosed, except as required by federal law or as authorized by Attorney General regulations, and except for purposes of motor vehicle insurance. The law directs the registrar of motor vehicles to make regulations regarding the documents required of United States citizens and others who provide proof of lawful presence with their license application. The law also requires the registrar and the Secretary of the Commonwealth to establish procedures and regulations to ensure that an applicant for a standard driver’s license or learner’s permit who does not provide proof of lawful presence will not be automatically registered to vote. The law takes effect on July 1, 2023.[6] |
” |
Full text
The full text of House Bill 4805, which the veto referendum would have overturned, is below:[1]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 10, and the FRE is 61. The word count for the ballot title is 21.
The FKGL for the ballot summary is grade level 20, and the FRE is 19. The word count for the ballot summary is 437.
Support for a 'yes' vote
Yes on 4 led the campaign in support of a 'yes' vote on Question 4.[3]
Supporters
Officials
- Senate President Karen Spilka (D)
- State Rep. Tricia Farley-Bouvier (D)
- House Speaker Ronald Mariano (D)
- Attorney General Maura Healey (D)
Unions
Organizations
Arguments
Official arguments
The following is the argument in support of Question 4 found in the Official Voter Information Guide:[7]
|
Support for a 'no' vote
Fair and Secure Massachusetts led the campaign in support of a 'no' vote on Question 4.[8][4]
Opponents
Officials
- Gov. Charles D. Baker (R)
- State Rep. Colleen Garry (D)
- State Rep. Marc Lombardo (R)
Candidates
- Cecilia Calabrese (R) - Republican candidate for state senate
- Geoff Diehl (R) - Republican candidate for governor
Former Officials
- State Sen. Dean Tran (R)
Arguments
Official arguments
The following is the argument in opposition to Question 4 found in the Official Voter Information Guide:[9]
|
Campaign finance
Ballotpedia identified one committee registered in support of a 'yes' vote on Question 4: Yes for Work and Family Mobility. The committee reported $3.6 million in contributions. One committee was registered in support of a 'no' vote on Question 4: Fair and Secure Massachusetts. The committee reported over $217,135 in contributions. Massachusetts also requires other organizations that spend money to support or oppose ballot measures to report amounts to the Massachusetts Office of Campaign and Political Finance. Massachusetts Fiscal Alliance reported spending $12,858.92 in opposition to Question 4.[10][11]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $3,236,142.01 | $407,375.01 | $3,643,517.02 | $3,153,285.21 | $3,560,660.22 |
Oppose | $199,759.89 | $17,375.81 | $217,135.70 | $191,564.52 | $208,940.33 |
Total | $3,435,901.90 | $424,750.82 | $3,860,652.72 | $3,344,849.73 | $3,769,600.55 |
Support of a 'yes' vote
The following table includes contribution and expenditure totals for the committees in support of the measure.Cite error: Invalid <ref>
tag; invalid names, e.g. too many
Committees in opposition to Question 4 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Yes for Work and Family Mobility | $3,236,142.01 | $407,375.01 | $3,643,517.02 | $3,153,285.21 | $3,560,660.22 |
Total | $3,236,142.01 | $407,375.01 | $3,643,517.02 | $3,153,285.21 | $3,560,660.22 |
Donors
The following were the top donors who contributed to the committees in support of the measure.Cite error: Invalid <ref>
tag; invalid names, e.g. too many
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
SEIU | $500,000.00 | $0.00 | $500,000.00 |
SEIU Local 32BJ | $325,000.00 | $80,141.07 | $405,141.07 |
1199 SEIU MA PAC | $250,000.00 | $65,786.35 | $315,786.35 |
American Civil Liberties Union of Massachusetts | $270,000.00 | $16,500.00 | $286,500.00 |
Emerson Collective | $250,000.00 | $0.00 | $250,000.00 |
Support of a 'no' vote
The following table includes contribution and expenditure totals for the committees in opposition to the measure.Cite error: Invalid <ref>
tag; invalid names, e.g. too many
Committees in opposition to Question 4 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Fair and Secure Massachusetts | $199,759.89 | $17,375.81 | $217,135.70 | $191,564.52 | $208,940.33 |
Total | $199,759.89 | $17,375.81 | $217,135.70 | $191,564.52 | $208,940.33 |
Donors
The following were the top donors who contributed to the opposition committees.Cite error: Invalid <ref>
tag; invalid names, e.g. too many
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Richard Green | $50,000.00 | $0.00 | $50,000.00 |
Steven Snider | $20,000.00 | $0.00 | $20,000.00 |
Andover Street, LLC | $10,000.00 | $0.00 | $10,000.00 |
Fourty Four Hundred | $10,000.00 | $0.00 | $10,000.00 |
Paul Lochness | $10,000.00 | $0.00 | $10,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on the referendum.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Polls
- See also: Ballotpedia's approach to covering polls and 2022 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Massachusetts Question 4, Remove Proof of Citizenship or Immigration Status for Driver's License Applications Referendum (2022) | ||||||
---|---|---|---|---|---|---|
UMass Amherst/WCVB | 10/20/22 - 10/26/22 | 700 RV | ± 4.3% | 51% | 39% | 10% |
Question: "Question 4 – Would keep in place a law that allows Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a standard driver’s license or learner’s permit if they meet all the other qualifications for a standard license or learner’s permit, including a road test and insurance, and provide proof of their identity, date of birth, and residency" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Democratic-controlled General Court overrides Gov. Charles Baker's (R) veto of bill regarding driver's license and vehicle registration applications
On June 9, 2022, the Massachusetts General Court overrode Gov. Charles D. Baker’s (R) veto of House Bill 4805 (H 4805). [12] H 4805 prohibited registrars from inquiring about an applicant’s citizenship or immigration status when applying for driver's licenses and motor vehicle registrations.[13] In lieu of citizenship or immigration information, the bill allowed registrars to accept two documents that prove the date of birth and identity of the applicant, including foreign passports, birth certificates, or consular identification documents.[14]
Proponents said that H 4805 would increase road safety, reduce hit-and-run accidents, and help families without the required citizenship or immigration information. Speaking in support, the bill's sponsor, Sen. Adam Gomez (D), said:
“ |
Allowing parents to drive their kids to school, take them to doctor's appointments or be in charge of carpooling to take their kids to soccer, all without the concern they may be separated if they are pulled over, will allow children of undocumented immigrants to breathe and have a sigh of relief.[15][6] |
” |
Opponents of the bill said, under H 4805, it would be difficult for the Registry of Motor Vehicles to verify foreign documents and that the bill would permit noncitizens to vote.[16] In his veto message, Baker said:
“ |
A standard Massachusetts driver’s license will no longer confirm that a person is who they say they are … [and the bill] restricts the Registry’s ability to share citizenship information with those entities responsible for ensuring that only citizens register for and vote in our elections.[17][6] |
” |
Baker vetoed H 4805 on May 27, 2022. Massachusetts requires a two-thirds majority in the General Court to override a veto. At the time of the override vote, Democrats held such a majority.
In the Senate, the override passed by a 32-8 margin, with 32 Democrats voting to override and five Democrats joining all three Republicans to sustain Baker’s veto.[18] The House voted 119-36 to override the veto, with eight Democrats joining all 28 Republicans to sustain the veto.[19]
|
|
States issuing driver's licenses to immigrants who cannot provide proof of lawful presence
As of September 2022, 17 states and Washington, D.C. had enacted laws authorizing the issuance of driver's licenses to immigrants who cannot provide proof of lawful or authorized presence. The documents required to obtain a driver's license vary by state but range from a foreign birth certificate, foreign passport, or consular card, and evidence of current residency in the state. Those states that have adopted this policy are highlighted in blue below:[2]
Oregon Alternative Driver Licenses Referendum, Measure 88 (2014)
Ballotpedia identified one other veto referendum on a law proposing to grant driver's licenses to immigrants who cannot provide proof of lawful presence. In 2014, Oregon voters voted to repeal SB 833, which would have made four-year driver's licenses available to those who cannot prove lawful presence. The vote margin was 66% to repeal the law, and 34% to uphold the law. In 2019, the Oregon State Legislature adopted a similar law that is still in effect.
Massachusetts veto referendum ballot measures
In Massachusetts, bills passed by the state legislature can be put before voters through a veto referendum petition. Between 1919 and 2021, Massachusetts voters decided on 21 veto referendums—11 laws were upheld and 10 were repealed.
- Signature requirement: 1.5 percent of the gubernatorial vote for a referendum or 2 percent of the gubernatorial vote to also suspend the law
- Result of a yes vote: targeted law upheld
- Result of a no vote: targeted law repealed
- Allows for veto referendums on emergency legislation
- Successful veto referendum petitions may or may not suspend the targeted law until the election depending on the number of valid signatures submitted
Click "show" below to see the full list of Massachusetts veto referendums between 1919 and 2021.
Path to the ballot
The state process
In Massachusetts, the number of signatures required to qualify a veto referendum for the ballot is equal to 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 of the certified signatures on initiative or referendum petitions may come from any one county. Signatures for a veto referendum petition must be submitted no more than 90 days after the governor signs the targeted bill or it is enacted into law.
The requirements to get a veto referendum certified for the 2022 ballot:
- Signatures (without suspending): 40,120 valid signatures
- Signatures (with suspending): 53,492 valid signatures
- Deadline: Depends on the date of enactment for the targeted bill
If the 1.5 percent threshold is met, the targeted law is not suspended, but it is put before voters at the next general election to be upheld or rejected. If a petition seeks to suspend the targeted law and reaches the 2 percent threshold, the targeted law is suspended until the next general election, at which voters decide whether to approve the bill or reject it.
Details about this initiative
- On June 13, 2022, Maureen Maloney and Kevin Dube filed the referendum with the Office of Campaign and Political Finance to create the Fair And Secure Massachusetts committee.[20]
- On June 27, 2022, the referendum was cleared for signature gathering. The campaign has until August 24, 2022, to file signatures.[21]
- On September 7, 2022, nearly 80,000 of the 100,000 signatures filed with local clerks were verified and submitted to the secretary of state.[22]
- On September 9, 2022, the secretary of state announced that the campaign had submitted 71,883 valid signatures qualifying the referendum for the ballot.[23]
Cost per required signature
Sponsors of the measure hired Antonio Molle and Sadie Webb to collect signatures for the petition to qualify this measure for the ballot. A total of $3,350.00 was spent to collect the 40,120 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.08.
How to cast a vote
- See also: Voting in Massachusetts
See below to learn more about current voter registration rules, identification requirements, and poll times in Massachusetts.
See also
External links
Support for a 'yes' vote |
Support for a 'no' vote |
Footnotes
- ↑ 1.0 1.1 1.2 Massachusetts State Legislature, "House Bill 4805," accessed June 14, 2022
- ↑ 2.0 2.1 2.2 2.3 NCSL, "States Offering Driver’s Licenses to Immigrants," accessed October 9, 2021 Cite error: Invalid
<ref>
tag; name "ncsl" defined multiple times with different content - ↑ 3.0 3.1 Yes for 4, "Home," accessed September 13, 2022
- ↑ 4.0 4.1 Fair and Secure Massachusetts, "Home," accessed August 24, 2022
- ↑ 5.0 5.1 Massachusetts Secretary of State, "2022 Information for Voters," accessed September 20, 2022
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Massachusetts Secretary of State, "Official Voter Information Guide," accessed October 27, 2022
- ↑ WGBH, "Effort to repeal immigrant driver's license law hits milestone ahead of ballot deadline," August 18, 2022
- ↑ Massachusetts Secretary of State, "Official Voter Information Guide," accessed October 27, 2022
- ↑ Massachusetts Office of Campaign and Political Finance, "Search," accessed September 12, 2022
- ↑ Massachusetts Office of Campaign and Political Finance, "Ballot Question Spending Reports ," accessed October 24, 2022
- ↑ "WGBH", "Mass. Senate overrides Baker veto: Undocumented immigrants will be able to get driver's licenses," June 9, 2022
- ↑ Massachusetts General Court, "Bill H.4805," accessed June 21, 2022
- ↑ "WGBH", "Mass. Senate overrides Baker veto: Undocumented immigrants will be able to get driver's licenses," June 9, 2022
- ↑ NBC 10 Boston, "Baker Vetoes Immigrant License Access Bill, But Legislature Can Override," May 27, 2022
- ↑ "Office of the Governor", "Message from His Excellency the Governor returning with his objections thereto in writing the engrossed Bill relative to work and family mobility (see House, No. 4805) May 27, 2022" accessed May 27, 2022
- ↑ "Office of the Governor", "Message from His Excellency the Governor returning with his objections thereto in writing the engrossed Bill relative to work and family mobility (see House, No. 4805) May 27, 2022" accessed May 27, 2022
- ↑ Massachusetts Senate, "Senate -- Roll Call #185," May 27, 2022
- ↑ MASSACHUSETTS HOUSE OF REPRESENTATIVES, "H. 4805 shall this pass notwithstanding Objection," May 27, 2022
- ↑ WGBH, "New group seeks to overturn undocumented immigrant driver’s license law," June 14, 2022
- ↑ Boston Herald, "Group says Maura Healey deliberately slowing ballot drive to overturn licenses law," June 26, 2022
- ↑ Facebook, "Fair and Secure Massachusetts," September 7, 2022
- ↑ Twitter, "Mass. Elections," September 9, 2022
- ↑ Secretary of the Commonwealth of Massachusetts, "The Voting Process," accessed April 13, 2023
- ↑ 25.0 25.1 25.2 Secretary of the Commonwealth of Massachusetts, "Voter Registration Information," accessed April 13, 2023
- ↑ Governing, “Automatic Voter Registration Gains Bipartisan Momentum,” accessed April 13, 2023
- ↑ Secretary of the Commonwealth of Massachusetts, "Massachusetts Official Mail-in Voter Registration Form," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 29.0 29.1 Secretary of the Commonwealth of Massachusetts, "Identification Requirements," accessed April 13, 2023
![]() |
State of Massachusetts Boston (capital) |
---|---|
Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |