Become part of the movement for unbiased, accessible election information. Donate today.
Massachusetts Question 5, Limit Governor’s Council Authority Over Executive Appointments initiative (1964)
| Massachusetts Question 5 | |
|---|---|
|
|
|
| Election date |
|
| Topic State executive powers and duties |
|
| Status |
|
| Type Indirect initiated state statute |
Origin |
Massachusetts Question 5 was on the ballot as an indirect initiated state statute in Massachusetts on November 3, 1964. It was approved.
A “yes” vote supported revising the powers of the Governor’s Council by eliminating its required approval for most executive branch appointments, removals, compensation decisions, and executive agreements, while retaining limited approval authority for certain boards and allowing the Governor to seek the Council’s input voluntarily. |
A “no” vote opposed revising the powers of the Governor’s Council by eliminating its required approval for most executive branch appointments, removals, compensation decisions, and executive agreements, while retaining limited approval authority for certain boards and allowing the Governor to seek the Council’s input voluntarily. |
Election results
|
Massachusetts Question 5 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,133,624 | 65.80% | ||
| No | 589,219 | 34.20% | ||
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 in the House of Representatives by a vote of 109 in the affirmative and 109 in the negative and was disapproved In the Senate by a vote of 16 in the affirmative and 20 In the negative? | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
The proposed measure provides that henceforth appointments in the executive branch of the government shall not require the advice and consent of the Governor's Council. Exceptions to this provision include appointments to the Youth Service Board, Industrial Accident Board, Commission of the Department of Public Utilities, Parole Board and Appellate Tax Board, which appointments shall continue to require Council action. However, should the Council fail to act upon such appointments within thirty calendar days, then the person involved shall be deemed to have been lawfully appointed. Any appointment in the executive branch by an officer other than the Governor which heretofore required Council approval shall henceforth require approval by the Governor. Removals from office shall no longer require the advice and consent of the Council, except in the case of the Youth Service Board, which removals must still receive Council approval. As In the case of appointments still requiring Council approval, such recommended removal from the Youth Service Board must be acted upon by the Council within thirty calendar days; otherwise the proposed removal shall become effective as if approval had been given. In the case of any appointment which heretofore required Council approval the Governor may, within fifteen days of the making of the appointment, remove the person appointed without cause. Council shall no longer be required to approve the fixing of compensation for services rendered in the executive department. And henceforth there need be no approval by the Council of actions or agreements by executive officers, including but not limited to borrowings and loans, investments, leases, licenses, purchases and conveyances, and contracts, and also including the promulgation of rules and regulations. Notwithstanding the foregoing, the Governor shall at all times remain free to seek the advice and consent of the Council upon any matter. | ” |
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 Springfield Union, "Legal Notice," October 27, 1964
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 |
