Study of ballot question process - PowerPoint Presentation

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Study of ballot question process

League of Women Voters of MassachusettsFall 2018 – Winter 2019Slide2

Study GoalsEducate LWV members about the ballot question process in MA

At each League, consider, through consensus meetings, possible changes to the process LWVMA develops a position based on the answers to the consensus questions from each League

Members vote on the position at Convention 2019

LWVMA can propose steps to enact any recommended changes to the process

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What Is Consensus?

Collective opinion, general agreement Not a vote! Voting is no substitute for the informal and meaningful give and take of discussion and agreement.

M

embers

participate in a group

discussion.

The “consensus” reached by members through group discussion is not a simple majority, nor is it unanimity, but refers to the overall “sense of the

group.”One individual cannot simply declare a block to consensus. “No Consensus” is an acceptable response, but the group must agree that there is no consensus.  

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Ballot Questions in MA

Statewide Citizen-initiatedLawConstitutional amendmentReferendum on an existing lawStatewide Legislature-initiated

Constitutional amendment

Advisory (nonbinding)

US Constitutional questions (nonbinding)

District or Municipality

Advisory to legislator (nonbinding)

Tax 2 1/2% overrides, charter change, etc.

Focus of this study

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Initiative and Referendum in US

18 of the 24 states west of the

Mississippi; 8

of

26 east

of the Mississippi

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Initiative and Referendum in MA

Started in 1918 with Constitutional Amendment Article XLVIII (48)First election with citizen-initiated ballot question was 1919Standing Initiative and Referendum Committee vote

to bring amendment forward (7 no, 8 yes)

Lengthy debate at Constitutional Convention resulted

in

official written

record of

1100 pages Supporters wanted to “cure the evils that have grown up in Massachusetts representative form of government”Dissenters predicted: Initiative will not really reflect the will of the people, but that of small groupsV

oters

will not be sufficiently

informed

No debate, amendment, or compromise possible

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Types of Questions in MA 1919 - 2018

Type of Question

# of Questions on the Ballot since 1919

# of Questions Approved

% Approved

Initiative Petition for a Law

82

37

45.1%

Initiative Petition for a Constitutional Amendment

3

2

66.6%

Legislative Constitutional Amendment

63

53

84.1%

Referendum Petition on an Existing Law

21

11

52.4%

Legislative Advisory Question

13861.5%U.S. Constitutional Amendment (Advisory)3133.3%

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Processes in MA

Initiative for LawInitiative for Constitutional Amendment

Referendum on an Existing LawSlide9

Law or Constitutional Amendment (1)

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AG: Attorney GeneralSlide10

Article XLVIII Excluded Subjects

Relates to religion, religious practices or religious institutions;Relates to the appointment, qualification, tenure, removal, recall or compensation of judges, or the reversal of a judicial decision, or the powers, creation or abolition of courts;

Is restricted in its operation to a particular town, city or other political division or to particular districts or localities of the Commonwealth;

Makes a specific appropriation of money from the treasury of the Commonwealth;

Is

inconsistent with

any

of the following state constitutional rights:Right to receive compensation for private property appropriated to public useRight of access to and protection in courts of justiceRight of trial by jury

Protection from unreasonable search, unreasonable bail and the law martial

Freedom of the press

Freedom of speech

Freedom of elections

Right of peaceable assembly

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Law or Constitutional Amendment (2)

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SOC: Secretary of the CommonwealthSlide12

Law

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Approved for Ballot after 15 monthsSlide13

Constitutional Amendment

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Approved for Ballot after 39 monthsSlide14

Court Challenges

Attorney General’s original decision on constitutionality may be challenged in court at any timeChallenge that AG should have certified



petition can go forward for signatures awaiting court

decision on whether it can go to the ballot or notIf court decides AG should not have certified



ballot question cannot not go forward

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Referendum on an Existing Law

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Referendum Timing

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Event

Timing

Submission of petition to SOC by ten original signers

Not later than 30 days after act is signed by Governor (or passed over his veto)

SOC has petition forms prepared for collection of required number of signatures

Within 14 days after summary is prepared by AG

Filing of petitions with local registrars for certification

By 14 days before filing deadline with SOC

Filing certified petitions with the SOC

Within 90 days after the act is signed by the Governor (or passed over his veto)

Petitions submitted to the voters; Suspended law immediately null and void if law disapproved

First state election 60 or more days after filing certified petitions with the SOC

STATE ELECTION DAY

Next state election

Effective Date

30 days after electionSlide17

Referendum on an Existing Law

Prior to 2018, referendum process was last used in 1998. The initiative for law process can also be used to repeal lawsRepeal by referendum vs. initiative for lawReferendum requires fast initiation and completion of process

90 days for whole process

Referendum is on entire law. Initiative for law may be used to repeal all or part of an existing law or create a new law.

Referendum requires fewer signatures

(~33,000 collected once vs. ~76,000 in two rounds)

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2018 Election: Initiatives for Law

27 petitions submitted to Attorney General (AG)20 certified by AG (deemed constitutional); 1 collected signatures without certification6 petitions had sufficient signatures collected 1 challenged in court and stopped

3 withdrawn after Legislature’s “grand bargain”

2 petitions for laws on the November 2018 ballot (Q 1 & 2)

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2018 Election: Initiatives for Constitutional Amendment

In 2015 AG certified constitutional amendment “millionaires’ tax” (for 2018 ballot)Sufficient signatures collected

Tax income over $1million at higher rate to fund transportation and education

Passed 25% of 2 joint sessions of Legislature

In 2018 challenged in court and ballot question stopped

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2018: Referendum on an Existing Law

The transgender rights law was passed in 2016, signatures were collected in 2016 to put referendum question on the ballot At the next election, November 6, 2018, a vote to keep the anti-transgender discrimination law is Question 3The Legislature has the power to pass a new anti-transgender discrimination law at any time

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Voter Information

Official document is “Information for Voters” prepared by Secretary of the CommonwealthRecognizable red bookletMailed to residences of all registered voters prior to the election, posted on Elections webpageSpecific information on each ballot question

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Information for Voters (Red Booklet)

Component

Length

Preparer

Ballot Question Number

SOC

Ballot Question Title

“short”

SOC+AG

The Question

Not longer than required components

SOC

Summary

“Concise”

AG

What Your Vote Will Do

1 sentence each

SOC+AG

Statement of Fiscal Consequences

100 words

Sec. of Administration & Finance

Arguments in favor and against150 words eachPrincipal proponent and opponent chosen by SOCFull text of question

No limit

As submitted by proponentsSlide23

Initiatives in Other States

Direct vs. Indirect processDirect process—legislature has no roleIndirect

process—the

legislature has a role

21 States with initiatives for laws

14 have direct initiative process

9 have indirect process, including MA

Note: 2 states have both direct and indirect18 states with initiatives for constitutional amendments16 direct2 indirect, including MA

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Initiative & Referendum Other States

Each of 26 states has its own set of laws and regulationsNo federal regulations govern ballot questionsBackground for each consensus question includes some information on what other states do relative to that questionStudy Committee looked at a subset of the 26 states based on volume of ballot questions and regional representation

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Ballot Question Campaign Finance

Ballot Question campaign committee is any group that raises or spends money (including in-kind) in support of or opposition to a ballot questionMust register with MA Office of Campaign and Political Finance (OCPF) before spendingMust follow regulations for reporting income and expenses on a pre-specified schedule

All reports are posted on the OCPF website as soon as filed

Final report received after the election

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Ballot Question Campaign Finance

Unlike donations to candidates, no limits on individual contributions to ballot question committees.There are regulations concerning ‘dark money’ contributions. OCPF identified four cases of reporting violations by campaign committees in 2016.Spending on ballot questions increased sharply in 2014 and again in 2016 and in 2018.

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Total Spending on Ballot Questions

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$57.5 millionSlide28

Consensus questions

Let’s get started!Slide29

Materials for Consensus Meeting

Study Guide Consensus Questions Quick Reference and Outcome SheetFor Consensus Questions 1-5: Information for Voters

2018 Red Booklet

For Consensus Question 2: Appendix 3

For

Consensus Question 3:

Citizens

Initiative Review 2016 and 201829Slide30

SECTION I

Understanding the Ballot QuestionsRefer to “Information for Voters” red booklet, 2018 Slide31

Question 1

Should additional efforts be made to ensure petition summaries are written for the greatest understanding by voters? ☐Yes ☐No ☐No consensus

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Question 2 (refer to Appendix 3)

2A. Do the statements of fiscal consequences in the "Information for Voters" red booklets from 2016 and 2018 provide voters with the information they need to make an informed decision on the potential fiscal impact of passing the ballot question(s)? ☐Yes ☐No ☐No consensus

2B.

Should

voter information beyond the 100-word statement of fiscal consequences found in the “Information for Voters” red booklet be available, such as through public meetings, webinars, telephone call-ins, websites, etc.?

☐Yes ☐No ☐No consensus

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Question 3 (refer to Citizens Initiative Review)

Should the arguments in favor and against in the “Information for Voters” red booklet be prepared by an independent source such as a citizen group appointed for that purpose rather than, or in addition to, the proponents and opponents identified by the Secretary of the Commonwealth?

☐Yes ☐No ☐No consensus

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Question 4

Should there be a limit to the length (e.g., number of words or number of pages) of the full text of a proposed law for an initiative petition (and eventual ballot question)?☐Yes ☐No ☐No consensus

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Question 5

Should the Secretary of the Commonwealth periodically review and update the means of disseminating and publicizing the “Information for Voters” red booklet? ☐Yes ☐No ☐No consensus

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Section IISignature Requirements

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Question 6

Currently there is a limitation on the number of signatures that can be certified from any one county. (NOTE: Answer “yes” or “no” to both A and B.)6A

. Should that limitation be modified to reflect population variation while still ensuring geographic dispersion of signatures?

☐Yes ☐No ☐No consensus

6B

. Should that limitation be eliminated?

☐Yes ☐No ☐No consensus

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Question 7

Should every identifiable, unique signature on a petition be counted toward the required total, rather than rejecting, for example, all signatures on a page because of one error or stray mark? ☐Yes ☐No ☐No consensus

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Question 8

In a petition for law, a second round of signatures must be collected after the legislature has had time to act. Only signatures from registered voters who did not sign the first round can be counted. Should this second round be eliminated? ☐Yes ☐No ☐No consensus

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Section iiiSignature Gathering

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Question 9

Should there be regulations governing signature collectors? ☐Yes ☐No ☐No consensus

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Question 10

Should the Secretary of the Commonwealth provide training opportunities for signature collectors? ☐Yes ☐No ☐No consensus

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Section IV

Legislative Involvement and Responsibilities Slide44

Question 11

An initiative petition for a constitutional amendment requires two votes, one in each of two successively elected Legislatures. Should the second vote be eliminated? ☐Yes ☐No ☐No consensus

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Question 12

Should there be a period during which the legislature is not allowed to change a citizen-initiated law passed or repealed by ballot question? ☐Yes ☐No ☐No consensus

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Section V

Campaign Financing for Ballot Questions Slide47

Question 13

Should Massachusetts seek ways to limit the amount of money that can be spent on ballot question campaigns? ☐Yes ☐No ☐No consensus

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Question 14

Should accurate information on campaign donations to and expenditures from ballot question committees be available to the public prior to the election?

☐Yes ☐No ☐No consensus

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Section VI

Initiative and Referendum Process in Massachusetts Slide50

Question 15

Should the current initiative and referendum process by which citizens can do the following (A-C) be retained? 15A. Initiate laws☐Yes ☐No ☐No consensus

15B. Initiate constitutional amendments

☐Yes ☐No ☐No consensus

15C. Repeal laws through

referendum

☐Yes ☐No ☐No consensus

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Congratulations!

You have completed the Study!We will report our consensus results to the LWVMA