CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

NEWS RELEASE
November 9, 2006

Constitution Requires Yea-Nay Vote During ConCon


Three things are certain: death, taxes, and that if citizens collect sufficient signatures on a petition for a constitutional amendment, the Legislature, meeting in joint constitutional convention, MUST vote aye or nay, with a roll call, on the issue itself – in the immediate case, the "Defense of Marriage" Act.

The convention can vote "nay" if they disagree with the issue. If less than 50 of them vote "yea," the proposed constitutional amendment is dead. If 50 vote "yea," the amendment proceeds to another required vote in 2007 or 2008, and if it again gets 50 "yeas", if goes on to the 2008 ballot.

The proposed constitutional amendment for health care that was sent to a study earlier this year was looking for its second vote and should have been on the ballot this week.

Liberal issue, conservative issue, it doesn’t matter. Legislators can vote yes or no, but they must vote. CLT has been through this with proposed constitutional tax limitation and term limits amendments; we have been to court. The state Supreme Judicial Court has agreed that the ConCon must vote on the issue – not on adjournment, not on sending it to a study, not on legislators’ own whims of the moment.

If a vote is not taken, the governor can call the Legislature back into session until it is, which we would recommend. But the SJC has said that it has no remedy if the Legislature still violates its constitutional duty and each legislator’s oath of office to uphold it.

If CLT were governor, the state police would be sent forth to arrest legislative leaders until the ConCon vote occurs as required by the constitution. We understand this would cause a constitutional crisis. But we already have a constitutional crisis: the Legislature is violating the constitutional rights of the petitioners.

If something is not done about this, the initiative petition process for a constitutional amendment is dead.

– 30 –
 


Source: Massachusetts Constitution

Article XLVIII.

I. Definition.

Legislative power shall continue to be vested in the general court; but the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional amendments and laws to the people for approval or rejection; and the popular referendum, which is the power of a specified number of voters to submit laws, enacted by the general court, to the people for their ratification or rejection. . . .

IV. Legislative Action on Proposed

Constitutional Amendments.

[Section 1. Definition. - A proposal for amendment to the constitution introduced into the general court by initiative petition shall be designated an initiative amendment, and an amendment introduced by a member of either house shall be designated a legislative substitute or a legislative amendment.

Section 2. Joint Session. - If a proposal for a specific amendment of the constitution is introduced into the general court by initiative petition signed by not less than twenty-five thousand qualified voters, or if in case of a proposal for amendment introduced into the general court by a member of either house, consideration thereof in joint session is called for by vote of either house, such proposal shall, not later than the second Wednesday in June, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any joint session hereby required, or fail to continue the same from time to time until final action has been taken upon all amendments pending, the governor shall call such joint session or continuance thereof.] [Section 2 superseded by section 1 of Amendments, Art. LXXXI.]

Section 3. Amendment of Proposed Amendments. - A proposal for an amendment to the constitution introduced by initiative petition shall be voted upon in the form in which it was introduced, unless such amendment is amended by vote of three-fourths of the members voting thereon in joint session, which vote shall be taken by call of the yeas and nays if called for by any member.

Section 4. Legislative Action. - Final legislative action in the joint session upon any amendment shall be taken only by call of the yeas and nays, which shall be entered upon the journals of the two houses; and an unfavorable vote at any stage preceding final action shall be verified by call of the yeas and nays, to be entered in like manner. At such joint session a legislative amendment receiving the affirmative votes of a majority of all the members elected, or an initiative amendment receiving the affirmative votes of not less than one-fourth of all the members elected, shall be referred to the next general court.

Section 5. Submission to the People. - If in the next general court a legislative amendment shall again be agreed to in joint session by a majority of all the members elected, or if an initiative amendment or a legislative substitute shall again receive the affirmative votes of a least one-fourth of all the members elected, such fact shall be certified by the clerk of such joint session to the secretary of the commonwealth, who shall submit the amendment to the people at the next state election. Such amendment shall become part of the constitution if approved, in the case of a legislative amendment, by a majority of the voters voting thereon, or if approved, in the case of an initiative amendment or a legislative substitute, by voters equal in number to at least thirty per cent of the total number of ballots cast at such state election and also by a majority of the voters voting on such amendment.


Article LXXXI. Section 1. Article XLVIII of the Amendments to the Constitution is hereby amended by striking out section 2, under the heading "THE INITIATIVE. IV. Legislative Action on Proposed Constitutional Amendments.", and inserting in place thereof the following:-

Section 2. Joint Session. - If a proposal for a specific amendment of the constitution is introduced into the general court by initiative petition signed in the aggregate by not less than such number of voters as will equal three per cent of the entire vote cast for governor at the preceding biennial state election, or if in case of a proposal for amendment introduced into the general court by a member of either house, consideration thereof in joint session is called for by vote of either house, such proposal shall, not later than the second Wednesday in May, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any joint session hereby required, or fail to continue the same from time to time until final action has been taken upon all amendments pending, the governor shall call such joint session or continuance thereof.
 


Return to CLT Updates page

Return to CLT home page