CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT bills filed for the 2005-06 session


AN ACT LIMITING PROPOSITION 2˝ OVERRIDE ELECTIONS, AND ALLOWING AN UNDERRIDE IN ALL COMMUNITIES

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 21 C of Chapter 59 of the General Laws, as most recently appearing in the 2000 Official Edition is hereby amended by deleting Section (h) and replacing it with the following section:

(h) In a city or town, if a majority of the local appropriating authority, or the people having collected a number of signatures of registered voters equal to 10 percent of a city or town’s registered voters shall so require, there shall be a question placed on the ballot at a regular or special election as to whether said city or town should be required to assess taxes by a specified amount below that amount allowed pursuant to this section. The question submitted to the voters shall be worded as follows:--

"Shall the (city/town) of ________be required to reduce the amount of real estate and personal property taxes to be assessed for the fiscal year beginning July first, two thousand and ______ by an amount equal to $______".

YES                NO

Said question shall be deemed approved if a majority of the persons voting thereon shall vote "yes".

SECTION 2. Section 21C of Chapter 59 of the General Laws, as most recently appearing in the 2000 Official Edition is hereby amended, by inserting at the end thereof, the following new subsection:

(o) The local appropriating authority of any city or town may not seek voter approval at a regular or special election to assess taxes in excess of the amount allowed pursuant to this section unless at least twelve months have passed since the last local or state election at which such a question was placed on the local ballot. Local voters using the initiative process in section (h) shall not seek voter approval to reduce taxes until twelve months have passed since the last such question appeared on the local ballot, unless an override vote is scheduled during this twelve-month period.


AN ACT RESTORING THE 5 PERCENT INCOME TAX RATE

Inasmuch as the voters of Massachusetts in November 2000 ordered the restoration of the income tax rate to 5 percent, as promised when it was increased in 1989, be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any special or general law to the contrary, for taxable years commencing on or after January first, two thousand and five, Part B taxable income shall be taxed at the lowest rate otherwise set by law but not to exceed 5.0 percent.


AN ACT TO REPEAL THE NURSING HOME TAX

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 25 of Chapter 118G of the General Laws as added by Section 101 of Chapter 184 of the Acts of 2002 is hereby repealed.


AN ACT REMOVING UNFAIR INCUMBENT ADVANTAGE FROM BALLOT
AND CHANGING "UNENROLLED" TO "INDEPENDENT"

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 54 of the General Laws is hereby amended by removing Section 41 and replacing it with the following language:

Chapter 54: Section 41 Names; residences; political designation; incumbents

Section 41. Ballots for the use of voters in a voting precinct, polling place or town shall contain the names of all candidates duly nominated for election therein, and, except as provided in section forty-three, they shall contain the name of no other person.

To the name of each candidate for a state office shall be added the name of the city or town where he resides, with the name of the street and number, if any, of his residence, except as provided in section forty-one A. To the name of each candidate for a city office shall be added the name of the street on which he resides, with his street number, if any; and to the name of each candidate for alderman at large shall also be added the number of the ward where he resides.

To the name of each candidate for a state or city office, except for city elections which are not preceded by primaries, shall be added in the same space his party or political designation. Failure to make a political designation shall result in the term "Independent" being used. There shall be no designation indicating incumbency. To the name of each candidate for a town office upon an official ballot shall be added the name of the street on which he resides, with his street number, if any and, except for town elections which are not preceded by primaries or political party caucuses, the political designation contained in the certificate of nomination or nomination papers. The town clerk shall add the words "Caucus Nominee" to the name of any candidate nominated for a town office by a caucus held under the provisions of sections one hundred and seventeen to one hundred and twenty, inclusive, of chapter fifty-three.

If a candidate shall receive the nomination of more than one party or more than one political designation for the same office, he may, by a writing delivered to the officer or board required by law to prepare the official ballot, direct in what order the several nominations or political designations shall be added to his name upon the official ballot, and such directions shall be followed by such officer or board.

For all elections following primaries, such direction shall be filed within the time required by section three of chapter fifty-three for acceptance of a write-in or sticker nomination; and for all other elections, within seventy-two hours next succeeding the last time for filing nomination papers or certificates of nomination.

If, during said time, said candidate shall neglect to so direct, said officer or board shall add said nominations or political designations to the name of said candidate upon the official ballot in such order as said officer or board shall determine. The name of any person shall not be printed on the official ballot or on ballot labels more than once as a candidate for the same office nor more than once for any office wherein a full term and a partial term running concurrently are to be filled.

Section 2. Chapter 54 of the General Laws is hereby amended by removing Section 42 and replacing it with the following language:

Chapter 54: Section 42 Arrangement of names; blank spaces; name of city or town, etc.

Section 42. Except as provided in section forty-one A, under the designation of the office, the names of the candidates for office to be filled at a state election shall be placed on the ballot by random selection; next and by random selection the names of candidates of political parties, as defined in chapter fifty, and the names of all other candidates shall follow in like order.

Under the designation of the office, the names of candidates for each municipal elective office shall, except as city charters otherwise provide, be arranged by random selection, next and by random selection the names of candidates of political parties as defined in chapter fifty, and the names of all other candidates shall follow in like order. The names of candidates for different terms of service in the same office shall be arranged in groups according to the length of their respective terms, and the names of candidates nominated by single wards but to be voted for at large, shall be arranged in groups by wards in like order. Blank spaces shall be left at the end of the list of candidates for each different office equal to the number to be elected thereto, in which the voter may insert the name and address of any person not printed on the ballot for whom he desires to vote for such office; provided, however, that a mistake in stating the address of such person shall not invalidate a vote if the address stated is sufficient to indicate the person for whom the vote was intended. If the approval of any question is submitted to the voters, it shall be printed on the ballot after the names of the candidates.

The names and addresses of the candidates for regional district school committees elected district-wide at state elections shall be arranged by random selection; and the names and addresses of all other such candidates shall follow in like order. No political or other designation shall appear on the ballot. There shall be printed such directions as shall instruct the voter to vote for the appropriate number of candidates from each community. If the state secretary cannot accommodate all the names on the ballot in a particular community, he may in his discretion print a separate paper ballot for candidates for regional district school committees.

Ballots shall be so printed as to give to each voter an opportunity to designate by a cross (X), in a square at the right of the name and designation of each candidate, or of each group of candidates for governor and lieutenant governor and at the right of each question, his choice of candidates and his answer to such question; and upon the ballots may be printed such directions as will aid the voter; for example, "vote for one," "vote for not more than two," "yes," "no," and the like. On each ballot shall be printed the words "Official Ballot for", followed by the name of the electoral district, city or town for which the ballot is prepared, and, if the content of the ballot differs within a city or town, the ward and precinct of the city or the precinct of the town, if any, the date of the election, and a facsimile of the signature of the officer who has caused the ballot to be prepared. The state secretary shall prepare a sufficient number of ballots for the use of persons qualified under section one F of chapter fifty-one to vote for electors of president and vice president, upon which there shall be so printed the words "Official Presidential Elector Ballot for", followed by the date of the election and a facsimile of the signature of the state secretary. A blank space shall be left at the end of the list of candidates for president and vice president in which the voter may insert the surnames of candidates for president and vice president, which are contained in lists submitted to the state secretary as provided by section seventy-eight A.


By Senator Robert L. Hedlund for Norman Paley (Scituate)

PROPOSAL FOR A LEGISLATIVE AMENDMENT TO THE CONSTITUTION
RELATIVE TO LAWS CREATED BY THE PEOPLE
USING THE INITIATIVE PROCESS

A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT

Article XLVIII of the Massachusetts Constitution is amended by replacing General Provisions, Section VI with the following: The General Court’s Power of Repeal. The General Court may amend or repeal a law approved by the people only with the written consent of a majority of the 10 original signers of the initiative petition that created the law, or the approval of a majority of the voters on a statewide general election ballot.


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