Massachusetts Question 5, Create Independent Commission and Expand Campaign Finance Regulations Initiative (1974)
| Massachusetts Question 5 | |
|---|---|
|
|
|
| Election date |
|
| Topic Administrative organization and Campaign finance |
|
| Status |
|
| Type Indirect initiated state statute |
Origin |
Massachusetts Question 5 was on the ballot as an indirect initiated state statute in Massachusetts on November 5, 1974. It was approved.
A “yes” vote supported creating an Independent Corrupt Practices Commission to oversee compliance with state and federal campaign finance and corruption laws, expanding disclosure and reporting requirements for candidates, extending spending limits to cover media expenses, and establishing penalties for violations. |
A “no” vote opposed creating an Independent Corrupt Practices Commission to oversee compliance with state and federal campaign finance and corruption laws, expanding disclosure and reporting requirements for candidates, extending spending limits to cover media expenses, and establishing penalties for violations. |
Election results
|
Massachusetts Question 5 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
898,547 | 65.38% | ||
| No | 475,694 | 34.62% | ||
Text of measure
Ballot title
The ballot title for Question 5 was as follows:
| “ | Do you approve of a law summarized below which was disapproved by the House of Representatives by a vote of 73 in the affirmative and 150 in the negative and was disapproved by the Senate by a vote of 16 in the affirmative and 22 in the negative? | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
Provisions of the act establish an Independent Corrupt Practices Commission, with five members to be appointed by the Governor to staggered five year terms. The Commission has subpoena powers and is to investigate, by means of secret hearings, candidates' compliance with all state and federal laws relating to political campaign contributions and expenditures and corrupt practices. If probable cause is shown, the Commission is required to direct the Attorney General to take further action in the proper form and is required to make public a report of such action. In cases involving the campaign practices of the Attorney General himself, a special attorney is to be appointed. If no probable cause is shown, the Commission is to state so publicly. Further, the proposed act extends the application of the current statute regarding the disclosure of campaign expenditures and contributions, to all candidates for office above the town and city level, with the exception of President and Vice President of the United States. The act requires all such candidates to receive and disburse all amounts greater than $25 by check, and makes it a crime to knowingly receive cash payment from a candidate or his committee for a service costing more than $25. The act also requires candidates to designate a single bank as depository of funds and as recordkeeper, with records of receipts and expenditures to be open to public scrutiny. Provisions of the act extend present campaign spending limits to cover all media expenses and require all media firms (including television, radio, newspaper, billboard, magazine, advertising, public relations, printing, opinion polling, computer, telephone, telegraph) to report the purchase of media services by candidates. Media expenses of candidates for the offices of district attorney, clerk of court, register of probate and Insolvency, register of deeds, county commissioner, county treasurer and sheriff are limited to $.07 for each resident of the respective electoral district. Other provisions of the act require candidates, upon official announcement or filing of nomination papers, to report all political receipts and expenditures since the date of the last general election for the office sought, and count such expenditures to- ward spending limits. The act also limits candidates to one political committee. The act establishes a maximum penalty of one year imprisonment and/or $10,000 fine for individuals engaged in corrupt practices, and a $50,000 fine for corporations so involved. In addition, the Attorney General is permitted to bring an action for the removal of a candidate whose election was materially aided by corrupt practices on the part of the candidate or one acting in his behalf, where such removal is otherwise authorized by law. | ” |
Path to the ballot
An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.
While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.
In Massachusetts, the number of signatures required for an indirect initiated state statute is equal to 3% of the votes cast in the last gubernatorial election. Massachusetts also has a distribution requirement that requires no more than 25% of the certified signatures on any petition can come from a single county.
The state Legislature has until the first Wednesday of May in the election year to pass the statute. If the legislature does not pass the proposed statute, proponents must collect a second round of signatures equal to 0.5% of the votes cast in the last gubernatorial election. The Legislature also has the power to place an alternative measure alongside the proposed statute via a simple majority vote of the state legislature.
A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 30% of the votes cast in the election.
See also
External links
- William Francis Galvin Secretary of the Commonwealth of Massachusetts, "Massachusetts Statewide Ballot Measures: 1919-Present"
- The Boston Globe, "Legal Notices," October 29, 1974
Footnotes
 |
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 |
