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CLT UPDATE
Monday, October 11, 2021

State's "Embarrassment of Riches" Continues To Pile Up


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Massachusetts Department of Revenue (DOR) Commissioner Geoffrey Snyder today announced that preliminary revenue collections for September totaled $3.992 billion, which is $848 million or 27.0% more than actual collections in September 2020, and $501 million or 14.3% more than benchmark.

FY2022 year-to-date collections totaled approximately $8.751 billion, which is $1.501 billion or 20.7% more than collections in the same period of FY2021, and $525 million or 6.4% more than year-to-date benchmark.

Commonwealth of Massachusetts
Department of Revenue
Tuesday, October 5, 2021
Press Release:  September Revenue Collections Total $3.992 Billion
Monthly collections up $848 million or 27.0% vs. September 2020 actual


State tax collectors brought in $3.992 billion of revenue in September, way up from September 2020 and half a billion dollars more than what the Baker administration was expecting to collect.

The Department of Revenue announced Tuesday afternoon that the September haul was $848 million or 27 percent greater than actual collections in September 2020 and $501 million or 14.3 percent greater than the month's benchmark. September typically brings in about 10 percent of the state's annual tax revenue, DOR said.

"September collections increased in all major tax types relative to September 2020 collections, including withholding, non-withholding, sales and use tax, corporate and business tax, and 'all other tax'," Revenue Commissioner Geoffrey Snyder said. "The increase in withholding is likely related to improvements in labor market conditions while the increase in non-withholding tax collections is due to an increase in income estimated payments. The sales and use tax increase reflects continued strength in retail sales and the easing of COVID-19 restrictions."

Since fiscal year 2022 began on July 1, DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion or 20.7 percent greater than actual collections during the same time period of fiscal 2021 and $525 million or 6.4 percent above the administration's year-to-date benchmark.

State House News Service
Tuesday, October 5, 2021
State Tax Receipts Running Half A Billion Over Benchmarks


With tax collections continuing to exceed expectations, Gov. Charlie Baker on Wednesday pushed lawmakers to act on his plan to use part of the surplus from last year to deliver unemployment insurance relief to small businesses.

Baker in August filed a nearly $1.6 billion spending bill that would direct $1 billion of a roughly $5 billion surplus toward the trust fund used to pay unemployment claims. Other surplus money would be used to bolster the state's reserves, fund union contracts and support rate increases for human services providers.

Due to the effects of the COVID-19 pandemic on the economy, the Legislature authorized up to $7 billion in borrowing to help small businesses avoid steep increase in the unemployment insurances taxes they pay to cover benefits, but that would still need to be repaid over time....

The surplus Baker has proposed to spend on small business relief was from fiscal year 2021, which ended on June 30, but tax revenues have continued to come in strong in fiscal year 2022 and beat projections by $500 million in September.

Beacon Hill Democrats have not said whether they intend to use some of the surplus to reduce the unemployment insurance liability for small businesses, or if they might tap into the nearly $5 billion in American Rescue Plan Act funds to reduce the size of the tab facing employers over the next 20 years.

Some business groups, including Associated Industries of Massachusetts, have urged the Legislature to use both sources of funding for UI, while the Massachusetts Budget and Policy Center said targeted grants and loans would be a better way to support employers.

On the day of the Legislature's final ARPA hearing Tuesday, the state chapter of the National Federation of Independent Business said it was "unfair" to demand that employers pay back the full $7 billion deficit that resulted from pandemic layoffs, urging the Legislature to follow the lead of more than 30 other states that have used some ARPA funds to replenish their UI systems.

State House News Service
Wednesday, October 6, 2021
Baker Plugs UI Rate Relief For Small Biz


Numbers-crunching aside, let’s just say that fiscal 2022 so far has been a banner year for the state treasury.

But numbers do tell the story of this embarrassment of riches, and the implications this surfeit might have on the millionaires tax referendum’s prospects.

The state collected $3.992 billion in tax revenue in September, far exceeding September 2020 and half a billion dollars more than the Baker administration was expecting to collect.

The Department of Revenue announced Tuesday that September’s haul was $848 million, 27%, more than actual collections in September 2020, and $501 million, 14.3%, above the month’s estimates....

Since the July 1 start of fiscal 2022, the DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion, 20.7%, greater than actual collections during the same time period of fiscal 2021, and $525 million, 6.4%, above the administration’s year-to-date goal.

During fiscal 2021, Massachusetts state government collected $5 billion more from residents, workers and businesses than it was expecting, leading to a sizable surplus.

The $34.137 billion total for fiscal 2021 was $5.047 billion, 17.3%, above the state’s benchmark and $4.528 billion,15.3%, more than the actual amount collected in fiscal year 2020.

That $5 billion-plus fiscal 2021 total also matches the $5 billion in federal American Rescue Plan funds the state has yet to allocate....

Given what’s already transpired, that fiscal 2022 revenue estimate might need to be revised higher.

The only people on Beacon Hill not excited by these gaudy tax receipts are the lawmakers and special-interest groups behind that so-called millionaires tax. A joint session of state lawmakers in June took a final procedural step, voting 159-41 to clear the way for the proposal to be placed on the ballot after years of prior attempts stymied by political and court battles.

At the time, the surtax appeared to have the backing of the state’s voters; a poll by Boston-based MassINC Polling Group showed that 72% supported the wealth tax.

Lawmakers have promised the estimated $2 billion in added revenue will target transportation infrastructure and public-school needs, but opponents argue the gains won’t outweigh the potential loss of job-creating entrepreneurs and relocated businesses.

That 4% surcharge on yearly income exceeding $1 million becomes less necessary — and more punitive — after each successive revenue-beating month. And if that’s the case, why should voters in the 2022 statewide elections approve that ballot question — overwhelming backed by Democrats — when the state’s awash in cash?

That’s a valid ballot question.

A Boston Herald editorial
Saturday, October 9, 2021
Cash-flush state dilutes case for millionaires tax


The Senate on Wednesday went on record supporting the permanent adoption of COVID-era voting allowances like expanded early voting and voting-by-mail, and also adopted policies like same-day registration that go beyond the changes made to accommodate elections during a pandemic.

The bill passed 36-3 along party lines after Democrats rejected an alternative the Republican senators offered to address many of the same issues. Democrats pitched the bill (S 2545), which would also build into the system additional supports for people with disabilities, as a way to remove obstacles to the ballot box and to maintain options that proved popular when available to voters in 2020....

"We're living in a dangerous moment. Dozens of states are restricting access to the ballot box and citing baseless politically-motivated claims of election fraud as a justification for doing so," Sen. Cynthia Creem said.

Just as Democrats in states like Texas were unable to stop legislative efforts to change state laws around voting and elections, the Republican minority in the Massachusetts Senate was unsuccessful Wednesday in generating support for a proposed rewrite of the voting reforms bill.

The alternative from the chamber's three Republicans, which failed on a 3-35 party-line vote, would have required annual notification of each voter's own registration status from the secretary of state, moved the voter registration deadline from 20 days before an election to five days before, and provided for at least one weekday evening of early voting beyond what the underlying bill proposed. It also would have allowed any registered voter to request a ballot to vote early by mail for any election but would have required the request to be made under the penalties of perjury.

Minority Leader Bruce Tarr called it "a prescription for how to go further and make sure that we have two things. Number one, increased voter participation. And number two, increased security and integrity around elections." He said he thought it was "important that everyone understand what we are proposing and the many areas of commonality that we share." ...

The bill put forward by Senate leadership already included reforms that would direct sheriffs and other corrections officials to help eligible incarcerated voters learn their rights and apply for and cast ballots by mail, but senators went beyond that with the adoption Wednesday of a Sen. Adam Hinds amendment that more explicitly spells out what steps correction facilities must take to educate and facilitate voting among the eligible incarcerated population....

The bill now heads to the House of Representatives, which has already considered some parts of the Senate bill in other forms. But House Speaker Ronald Mariano said this week that representatives will "need another vote" on election reforms this session....

Baker has supported mail-in voting, and signed the laws implementing and extending pandemic-era voting options, but he is opposed to same-day voter registration....

At the outset of debate, Tarr questioned the Legislature's ability to enact a permanent mail-in voting option without changing the state Constitution -- and raised the specter of consulting the state's highest court on the matter.

Tarr recounted that when Finegold and then-Senate President Therese Murray had sought to permanently expand early and absentee voting in 2013, they had done so by proposing an amendment to the Constitution. He also referenced a constitutional amendment filed this spring by Reps. Michael Moran and Kevin Honan to allow for no-excuse absentee voting.

Finegold responded: "We will say that we in the Legislature do find that mail-in voting is important for the people of the commonwealth. And we do believe the Constitution allows it."

Tarr replied that he hoped the Legislature would "not play dice with the Constitution, and that we will do what it takes to make sure that we are either compliant, or effect changes that would allow the statutes that we enact to be compliant."

"I become a little bit nervous when I hear that the Legislature has deemed something constitutional, when in fact there exists a significant constitutional question," said Tarr, adding that perhaps he and Finegold could join together in the future to seek an advisory opinion from the Supreme Judicial Court.

State House News Service
Wednesday, October 6, 2021
Senate Approves Bill to Make Voting Reforms Permanent
Rejects Republican Alternative, Registration Amendments


The timing may have been curious, but even Gov. Charlie Baker said he didn't find the announcement all that surprising.

About 30 minutes before Nathan Eovaldi threw the first pitch in a winner-take-all playoff game against the Yankees at Fenway Park, former President Donald Trump sent out an email announcing his "Complete and Total Endorsement!" of Geoff Diehl for governor, knocking the incumbent as a RINO in the process.

So how did Baker respond? "Let's go @redsox!" the governor tweeted just after 8 p.m.

Diehl started his campaign for governor over the summer trying not to be the Trump guy. Though everyone knew the former president had his support, Diehl wanted to stand on his own two feet. He said he couldn't say for sure whether the 2020 election had been stolen, and that both parties had a problem with respecting the results of elections.

Fast forward a couple of months and Diehl this week claimed the 2020 election was rigged, as he called on Gov. Baker to reject permanent voting by mail and embrace a GOP-backed voter ID ballot initiative - both unlikely scenarios.

Less than a day after making that statement, Diehl was on the phone with Trump himself, accepting the former president's endorsement. What followed was a deluge of armchair analysis over whether Trump's support for Diehl would help or hurt Baker, while Baker himself seemed to shrug it off....

Speaking of the November recess, House and Senate leaders have about five weeks to draft and vote on a plan to spend at least some of the state's $4.8 billion in American Rescue Plan Act funds, and they passed a major milestone in that process this week.

The House and Senate Ways and Means committees held their final public hearing on ARPA on Tuesday, taking testimony from people like Auditor Suzanne Bump, who called for a "rural rescue plan" for communities in western Massachusetts where she said population decline and business retreat have made it hard for them to maintain basic infrastructure, like roads and fire stations.

The Senate's Committee on Reimagining Massachusetts: Post Pandemic Resiliency also published its first report this week outlining billions of dollars in ideas for how to spend the money, and Bump and Inspector General Glenn Cunha argued for some funding to be set aside to audit how the money gets spent....

State House News Service
Friday, October 8, 2021
Weekly Roundup - Voting, Scrambled


Will Joe Biden now endorse Charlie Baker?

Unlikely. It is a Republican primary for governor we are talking about, and an endorsement by the Democrat president of a GOP governor — even if he is a RINO — would do more harm than good.

Biden is a train wreck of a president who has plummeted so far down in the polls that Republican Gov. Charlie Baker may have to endorse him.

Besides, there are already three Democrats running for governor, with the possibility of Attorney General Maura Healey becoming the fourth. And right now, it is not known whether Baker will even seek a third term.

If he does, conservative Republican Geoff Diehl, 52, who was endorsed Monday by Donald Trump, will be waiting to knock him off in the GOP primary. If Baker doesn’t run, then Diehl has a path to the Republican nomination for governor.

Diehl was co-chair of the Trump re-election campaign in Massachusetts.

The former president’s endorsement is no small thing. That is because it is a Republican primary we are talking about and not a general November election. It will help Diehl raise funds.

There are only 469,000 registered Republicans in Massachusetts, most of whom probably voted for Trump in the last election....

Diehl said, “I am inspired by the president’s (Trump) America First agenda, which he backed up by delivering on his promises during his time in the White House.”

“Like President Trump, I want to ensure a strong economy … I want families to feel safe,” Diehl said. Like Trump, he added, “I want people to feel like government isn’t working against them and that they can enjoy the individual freedoms our state and country were founded on.”

We are in a fascist-like, authoritarian Biden era of mandates. Now the FBI is tasked with monitoring the behavior of parents at local school committee meetings as in the old Soviet Union. Watch what you say, comrade.

A Diehl “Massachusetts First” campaign will appeal to a lot of people.

The Boston Herald
Saturday, October 9, 2021
Baker, Biden, Trump and Diehl all on political dance card
By Peter Lucas


Thousands of state employees next week face vaccination deadlines while legislative leaders slow-walk their fall agenda with just over five weeks remaining before the holiday recess.

Legislators appear poised to release redrawn House and Senate district lines, and top Democrats are drafting major spending bills to allocate American Rescue Plan Act funds and the fiscal 2021 state budget surplus.

The Senate this week approved and shipped to the House a major voting reform bill, after earlier this fall sending over a sex education bill with hopes that the House will finally tackle that perennial policy proposal.

House leaders meantime are eager to see the Senate take up one of its priorities, legalizing sports betting. Gov. Charlie Baker has a student nutrition bill on his desk and his appointees to a new MBTA Board are likely making plans for their first public get-together....

The Senate has only a pair of informal sessions on its schedule for next week, indicating major legislative activity appears unlikely in that branch....

The Legislature for years has resisted attempts to beef up seatbelt law enforcement by giving police more power, but the push for a primary enforcement bill continues, picking up again on Wednesday before the Public Safety Committee.

State House News Service
Friday, October 8, 2021
Advances - Week of Oct. 10, 2021


Last week, Dollar Tree, one of the few dollar stores that lived up to the promise of its name, announced a shocking development. Its costs had risen so high in recent weeks that it could no longer hold the line at a single buck. Instead, it regretted to announce, many items would now cost either $1.25 or $1.50.

Wall Street was delighted. Dollar Tree shares shot up. But the news was an especially vivid reminder of the clear and present danger of inflation, coming for the very customer base that could afford it the least.

The signs of higher costs passed on to consumers are everywhere: menu items at restaurants, grocery totals at the checkout, pain at the fuel pump, shipping prices for containers, lumber costs, real estate prices, rising labor expenses for small businesses, on and on. There have been disagreements about whether this is a temporary phenomenon of COVID-19 recovery and associated federal spending (which tends to be the liberal position and is the official prediction of the Federal Reserve), or a serious threat, especially given the stubborn supply-chain problems that don’t seem to be improving. That’s a theory gaining traction among many business executives (and even some of the voices at the Fed).

But all this overlooks a crucial and much-underestimated factor. Many Americans, especially those under 40 and including many reporters and a hefty chunk of the Twitterati, have no personal experience of what inflation can do to an economy, or to a citizen saving for retirement. They fear not the growling wolf. Thus those who see its dangers have some educating to do....

The problem with inflation is that it slashes the actual value of people’s savings accounts, making a retirement that once seemed secure far more tentative.

Younger people have no idea what it was like in the high-inflation years of the 1970s, of course. They don’t have a sense of costly mortgages hammering their chances of getting a loan or of watching their hard-won savings get eaten away by ballooning prices. They may well get a crash course in that understanding in coming weeks and months, but part of the current progressive orthodoxy is still that the danger of inflation is overstated. Too many people have bought that hook, line and sinker.

Yet that Dollar Tree price increase suggests otherwise. Imagine how hard that must have been for the company’s executives, given that their entire identity was wrapped up in that very barrier.

Those with some worn tread on their tires who understand the dangers of inflation have some teaching to do. The wolf is at the door.

A Boston Herald editorial
Monday, October 4, 2021
Inflation a growling wolf at the door


AG Garland has told the FBI and US Attorneys’ Offices to meet and “strategize” on ways to deal with parents who have the nerve to protest critical race theory. Actually, they want to figure out how to deal with parents who have the nerve to be involved in their child’s education.

How dare they!

The DOJ said: “Citing an increase in harassment, intimidation and threats of violence against school board members, teachers and workers in our nation’s public schools, today Attorney General Merrick B. Garland directed the FBI and U.S. Attorneys’ Offices to meet in the next 30 days with federal, state, Tribal, territorial and local law enforcement leaders to discuss strategies for addressing this disturbing trend. These sessions will open dedicated lines of communication for threat reporting, assessment and response by law enforcement.”

The “task force” includes everything except the kitchen sink:

• Criminal Division
• National Security Division
• Civil Rights Division
• Executive Office for U.S. Attorneys
• FBI
• Community Relations service
• Office of Justice Programs

The federal government is involving the Criminal Division and National Security Division to handle those pesky parents.

Legal Insurrection
Monday, October 4, 2021
AG Garland Weaponizes FBI Against Parents Protesting Critical Race Theory, Mask Mandates


Chip Ford's CLT Commentary

Last Monday the Massachusetts Department of Revenue issued a press release ("September Revenue Collections Total $3.992 Billion Monthly collections up $848 million or 27.0% vs. September 2020 actual") which opened with:

Massachusetts Department of Revenue (DOR) Commissioner Geoffrey Snyder today announced that preliminary revenue collections for September totaled $3.992 billion, which is $848 million or 27.0% more than actual collections in September 2020, and $501 million or 14.3% more than benchmark.

FY2022 year-to-date collections totaled approximately $8.751 billion, which is $1.501 billion or 20.7% more than collections in the same period of FY2021, and $525 million or 6.4% more than year-to-date benchmark.

The next day the State House News Service reported ("State Tax Receipts Running Half A Billion Over Benchmarks"):

State tax collectors brought in $3.992 billion of revenue in September, way up from September 2020 and half a billion dollars more than what the Baker administration was expecting to collect....

Since fiscal year 2022 began on July 1, DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion or 20.7 percent greater than actual collections during the same time period of fiscal 2021 and $525 million or 6.4 percent above the administration's year-to-date benchmark.

Last fiscal year (July 1, 2020-June 30, 2021) in the midst of the Wuhan Chinese Pandemic the state raked in over $5 Billion in excess revenue above the prior fiscal year — far above its "benchmark" predictive expectations — which the Legislature and governor are still struggling to agree on how to spend or squander.  That came on top of close to $5 Billion in "free" federal Covid-19 "relief" money that is still being held back from being allocated.  In the first three months of the current fiscal year the state has collected "$1.501 billion or 20.7% more than collections in the same period of FY2021."


On Wednesday the State House News Service noted ("Baker Plugs UI Rate Relief For Small Biz"):

With tax collections continuing to exceed expectations, Gov. Charlie Baker on Wednesday pushed lawmakers to act on his plan to use part of the surplus from last year to deliver unemployment insurance relief to small businesses.

Baker in August filed a nearly $1.6 billion spending bill that would direct $1 billion of a roughly $5 billion surplus toward the trust fund used to pay unemployment claims. Other surplus money would be used to bolster the state's reserves, fund union contracts and support rate increases for human services providers.

Due to the effects of the COVID-19 pandemic on the economy, the Legislature authorized up to $7 billion in borrowing to help small businesses avoid steep increase in the unemployment insurances taxes they pay to cover benefits, but that would still need to be repaid over time....

The surplus Baker has proposed to spend on small business relief was from fiscal year 2021, which ended on June 30, but tax revenues have continued to come in strong in fiscal year 2022 and beat projections by $500 million in September.

Beacon Hill Democrats have not said whether they intend to use some of the surplus to reduce the unemployment insurance liability for small businesses, or if they might tap into the nearly $5 billion in American Rescue Plan Act funds to reduce the size of the tab facing employers over the next 20 years.

Some business groups, including Associated Industries of Massachusetts, have urged the Legislature to use both sources of funding for UI, while the Massachusetts Budget and Policy Center said targeted grants and loans would be a better way to support employers.

On the day of the Legislature's final ARPA hearing Tuesday, the state chapter of the National Federation of Independent Business said it was "unfair" to demand that employers pay back the full $7 billion deficit that resulted from pandemic layoffs, urging the Legislature to follow the lead of more than 30 other states that have used some ARPA funds to replenish their UI systems.

When the Wuhan CCP Pandemic arrived in Massachusetts Gov. Baker commanded that all businesses (except large box stores, liquor stores, and a very few other rare exceptions) with the acquiescence of a silent Legislature only too happy to avoid the headlights.  Suddenly it somehow became the responsibility and burden of those victimized small businesses to fund the extraordinary and long-extended unemployment benefits caused by the state's draconian lockdown orders — a sudden and additional $7 Billion business expense has been added to their struggle to survive.  The state caused the unemployment crisis.  With the "embarrassment of riches" over-flowing the state's coffers, making small businesses as whole as possible must be a strong priority.


Regarding that "embarrassment of riches," The Boston Herald's Saturday editorial ("Cash-flush state dilutes case for millionaires tax") raises another important issue:

Numbers-crunching aside, let’s just say that fiscal 2022 so far has been a banner year for the state treasury.

But numbers do tell the story of this embarrassment of riches, and the implications this surfeit might have on the millionaires tax referendum’s prospects.

The state collected $3.992 billion in tax revenue in September, far exceeding September 2020 and half a billion dollars more than the Baker administration was expecting to collect.

The Department of Revenue announced Tuesday that September’s haul was $848 million, 27%, more than actual collections in September 2020, and $501 million, 14.3%, above the month’s estimates....

Since the July 1 start of fiscal 2022, the DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion, 20.7%, greater than actual collections during the same time period of fiscal 2021, and $525 million, 6.4%, above the administration’s year-to-date goal.

During fiscal 2021, Massachusetts state government collected $5 billion more from residents, workers and businesses than it was expecting, leading to a sizable surplus.

The $34.137 billion total for fiscal 2021 was $5.047 billion, 17.3%, above the state’s benchmark and $4.528 billion,15.3%, more than the actual amount collected in fiscal year 2020.

That $5 billion-plus fiscal 2021 total also matches the $5 billion in federal American Rescue Plan funds the state has yet to allocate....

Given what’s already transpired, that fiscal 2022 revenue estimate might need to be revised higher.

The only people on Beacon Hill not excited by these gaudy tax receipts are the lawmakers and special-interest groups behind that so-called millionaires tax. A joint session of state lawmakers in June took a final procedural step, voting 159-41 to clear the way for the proposal to be placed on the ballot after years of prior attempts stymied by political and court battles.

At the time, the surtax appeared to have the backing of the state’s voters; a poll by Boston-based MassINC Polling Group showed that 72% supported the wealth tax.

Lawmakers have promised the estimated $2 billion in added revenue will target transportation infrastructure and public-school needs, but opponents argue the gains won’t outweigh the potential loss of job-creating entrepreneurs and relocated businesses.

That 4% surcharge on yearly income exceeding $1 million becomes less necessary — and more punitive — after each successive revenue-beating month. And if that’s the case, why should voters in the 2022 statewide elections approve that ballot question — overwhelming backed by Democrats — when the state’s awash in cash?

That’s a valid ballot question.

The "Millionaires Tax" is classic Massachusetts socialist government and special interests greed in action.  More Is Never Enough (MINE) and never will be. I don't care how much the revenue surplus is and then some, they will find ways to spend it faster that it comes in — especially when it's OPM (Other People's Money).  "Don't tax you, don't tax me, tax that fellow behind the tree" is why a graduated income tax scheme, if ever imposed, will be the death of productive Massachusetts residents and taxpayers — and why this foot-in-the-door constitutional amendment ballot question must be defeated.


Speaking of the state constitution, on Wednesday the state Senate expanded the voting process.  The State House News Service reported ("Senate Approves Bill to Make Voting Reforms PermanentRejects Republican Alternative, Registration Amendments"):

The Senate on Wednesday went on record supporting the permanent adoption of COVID-era voting allowances like expanded early voting and voting-by-mail, and also adopted policies like same-day registration that go beyond the changes made to accommodate elections during a pandemic.

The bill passed 36-3 along party lines after Democrats rejected an alternative the Republican senators offered to address many of the same issues. Democrats pitched the bill (S 2545), which would also build into the system additional supports for people with disabilities, as a way to remove obstacles to the ballot box and to maintain options that proved popular when available to voters in 2020....

The bill now heads to the House of Representatives, which has already considered some parts of the Senate bill in other forms. But House Speaker Ronald Mariano said this week that representatives will "need another vote" on election reforms this session....

At the outset of debate, Tarr questioned the Legislature's ability to enact a permanent mail-in voting option without changing the state Constitution -- and raised the specter of consulting the state's highest court on the matter.

Tarr recounted that when Finegold and then-Senate President Therese Murray had sought to permanently expand early and absentee voting in 2013, they had done so by proposing an amendment to the Constitution. He also referenced a constitutional amendment filed this spring by Reps. Michael Moran and Kevin Honan to allow for no-excuse absentee voting.

Finegold responded: "We will say that we in the Legislature do find that mail-in voting is important for the people of the commonwealth. And we do believe the Constitution allows it."

Tarr replied that he hoped the Legislature would "not play dice with the Constitution, and that we will do what it takes to make sure that we are either compliant, or effect changes that would allow the statutes that we enact to be compliant."

"I become a little bit nervous when I hear that the Legislature has deemed something constitutional, when in fact there exists a significant constitutional question," said Tarr, adding that perhaps he and Finegold could join together in the future to seek an advisory opinion from the Supreme Judicial Court.

It would appear that before this vast expansion of the historic process for voting quite possibly could violate the state constitution.  Sen. Tarr seems to be saying "pass it over our objections and we'll see you in court."  We'll see what happens.


Geoff Diehl's campaign to become the next governor or Massachusetts got a boost at least among Republicans this week when he was endorsed by former-president Donald Trump, which led to more speculation considering that Charlie Baker still hasn't decided whether or not he'll run for a third term.  The News Service on Friday reported in its Weekly Roundup:

The timing may have been curious, but even Gov. Charlie Baker said he didn't find the announcement all that surprising.

About 30 minutes before Nathan Eovaldi threw the first pitch in a winner-take-all playoff game against the Yankees at Fenway Park, former President Donald Trump sent out an email announcing his "Complete and Total Endorsement!" of Geoff Diehl for governor, knocking the incumbent as a RINO in the process.

So how did Baker respond? "Let's go @redsox!" the governor tweeted just after 8 p.m.

Diehl started his campaign for governor over the summer trying not to be the Trump guy. Though everyone knew the former president had his support, Diehl wanted to stand on his own two feet. He said he couldn't say for sure whether the 2020 election had been stolen, and that both parties had a problem with respecting the results of elections.

Fast forward a couple of months and Diehl this week claimed the 2020 election was rigged, as he called on Gov. Baker to reject permanent voting by mail and embrace a GOP-backed voter ID ballot initiative - both unlikely scenarios.

Less than a day after making that statement, Diehl was on the phone with Trump himself, accepting the former president's endorsement. What followed was a deluge of armchair analysis over whether Trump's support for Diehl would help or hurt Baker, while Baker himself seemed to shrug it off.

Veteran Massachusetts political reporter and columnist Peter Lucas wrote in his Saturday Boston Herald column ("Baker, Biden, Trump and Diehl all on political dance card"):

Will Joe Biden now endorse Charlie Baker?

Unlikely. It is a Republican primary for governor we are talking about, and an endorsement by the Democrat president of a GOP governor — even if he is a RINO — would do more harm than good.

Biden is a train wreck of a president who has plummeted so far down in the polls that Republican Gov. Charlie Baker may have to endorse him.

Besides, there are already three Democrats running for governor, with the possibility of Attorney General Maura Healey becoming the fourth. And right now, it is not known whether Baker will even seek a third term.

If he does, conservative Republican Geoff Diehl, 52, who was endorsed Monday by Donald Trump, will be waiting to knock him off in the GOP primary. If Baker doesn’t run, then Diehl has a path to the Republican nomination for governor.

Diehl was co-chair of the Trump re-election campaign in Massachusetts.

The former president’s endorsement is no small thing. That is because it is a Republican primary we are talking about and not a general November election. It will help Diehl raise funds.

There are only 469,000 registered Republicans in Massachusetts, most of whom probably voted for Trump in the last election....

Diehl said, “I am inspired by the president’s (Trump) America First agenda, which he backed up by delivering on his promises during his time in the White House.”

“Like President Trump, I want to ensure a strong economy … I want families to feel safe,” Diehl said. Like Trump, he added, “I want people to feel like government isn’t working against them and that they can enjoy the individual freedoms our state and country were founded on.”

We are in a fascist-like, authoritarian Biden era of mandates. Now the FBI is tasked with monitoring the behavior of parents at local school committee meetings as in the old Soviet Union. Watch what you say, comrade.

A Diehl “Massachusetts First” campaign will appeal to a lot of people.


The Federal Reserve and the disastrous Biden administration continue to whistle past the graveyard insisting that the steady rise of inflation is only "temporary" but they've been asserting this for months now and it's still climbing.

CNN Business on October 1 reported:

Stripping out food and energy prices, which tend to be volatile, the inflation measure stood at 3.6%, where it has been since June. It remains the fastest rate of so-called core inflation since March 1991 and well above the Federal Reserve's target of 2%.

What's with "stripping out food and energy prices"?  That's precisely where the most extreme inflationary price hikes are hitting consumers the hardest!

A Boston Herald editorial last Monday ("Inflation a growling wolf at the door") noted:

Last week, Dollar Tree, one of the few dollar stores that lived up to the promise of its name, announced a shocking development. Its costs had risen so high in recent weeks that it could no longer hold the line at a single buck. Instead, it regretted to announce, many items would now cost either $1.25 or $1.50.

Wall Street was delighted. Dollar Tree shares shot up. But the news was an especially vivid reminder of the clear and present danger of inflation, coming for the very customer base that could afford it the least....

The problem with inflation is that it slashes the actual value of people’s savings accounts, making a retirement that once seemed secure far more tentative.

Younger people have no idea what it was like in the high-inflation years of the 1970s, of course. They don’t have a sense of costly mortgages hammering their chances of getting a loan or of watching their hard-won savings get eaten away by ballooning prices. They may well get a crash course in that understanding in coming weeks and months, but part of the current progressive orthodoxy is still that the danger of inflation is overstated. Too many people have bought that hook, line and sinker.

Yet that Dollar Tree price increase suggests otherwise. Imagine how hard that must have been for the company’s executives, given that their entire identity was wrapped up in that very barrier.

Those with some worn tread on their tires who understand the dangers of inflation have some teaching to do. The wolf is at the door.

While the Fed has cut then held bank interest rates (on your savings) at near zero percent, inflation has reduced your savings by about 5 percent year-over-year by devaluing the dollar's value through inflation.  With prices on a steady increase each of your dollars buys less and less.

The only positive ray of light comes from a prediction on Social Security benefits.  According to the October 6 report by TIPSwatch ("Coming October 13: The most significant inflation report in a decade"):

I have been projecting that the 2022 COLA looks likely to fall into a range of 5.8% to 6.2%. The July and August inflation reports have been in line with that projection. At this point, the data seem to point to a 5.8% increase in the Social Security COLA, but that will rise if inflation continues to surge in September’s inflation report.

That is, unless the Biden administration and Social Security administrators can find (if they even bother) some excuse for denying an honest cost-of-living-adjustment (COLA) relative to actual inflation.


Back to the "fascist-like, authoritarian Biden era of mandates" and tasking the FBI to intimidate parents at local school committee meetings, on the national front the United States of America continues to circle the drain under the Dementia Joe Biden administration's cabal.

On Monday, Biden's alleged "moderate" Attorney General Merrick Garland responded to a September 28 letter from the National School Boards Association calling on the Justice Department to shut down parents' opposition to critical race theory, mask mandates for children, and other objectionable curricula being imposed on their children.  The NSBA requested that the Patriot Act be implemented to confront "these heinous actions . . . the equivalent to a form of domestic terrorism."

The Justice Department suspiciously responded almost immediately, leading many to suspect pre-arranged collusion.  The Attorney General issued his response a mere five days later.  In his memo Garland instructed the Justice Department, FBI, National Security Division, Civil Rights Division, Counterterrorism Division and other Justice Department agencies to move in and suppress this uprising of citizen audacity.  Scary stuff indeed.

Townhall on Saturday published a column ("Garland Chills Parental Speech") by Jonathan Emord in which he noted:

Garland acted with reckless haste to implement the anti-parent agenda demanded by the National School Board Association (NSBA). Without any investigation to establish the validity of NSBA’s claims, he accepted them as valid and issued an immediate order. Garland did so on October 4 just five days after the NSBA insisted that Biden have DOJ and the FBI act against parents protesting Critical Race Theory and mask mandates.

The NSBA letter to Biden asks for parents to be treated like domestic terrorists and be investigated by DOJ and the FBI. In his October 4 memorandum, Garland responded by ordering the DOJ and FBI to coordinate with local law enforcement in all 14,000 public school districts. He ordered DOJ to employ “authority and resources” to identify parents who make “threats” against “school administrators, board members, teachers and staff” and prosecute them “when appropriate.” He thereby marched in near perfect lock step with the substantive demands of the NSBA.

How far this nation has fallen, and so quickly.

The Norman Rockwell painting below, one among the series of his "Four Freedoms," "provided crucial aid to the [WWII] war effort and took their place among the most indelible images in the history of American art."

I suppose AG Garland, the FBI, and the totalitarian Marxist militias can soon be expected to march on Stockbridge, Massachusetts, Rockwell's home and museum, to desecrate this American icon as well, black-holing this depiction of one of the "Four Freedoms" highlighted by Democrat president Franklin Delano Roosevelt.

No, this certainly is not your grandfather's Democrat Party, nor even "progressive" president FDR's.

Norman Rockwell, Freedom of Speech, 1943, oil on canvas,
illustration for The Saturday Evening Post, February 20, 1943

Norman Rockwell: American Freedom is the first comprehensive exhibition devoted to Norman Rockwell’s iconic depictions of the Four Freedoms outlined by Franklin Delano Roosevelt: Freedom of Speech, Freedom of Worship, Freedom from Fear, and Freedom from Want. The presentation explores how Rockwell’s 1943 paintings came to be embraced by millions of Americans. These works of art provided crucial aid to the war effort and took their place among the most indelible images in the history of American art.

Chip Ford
Executive Director


Full News Reports
(excerpted above)

Commonwealth of Massachusetts
Department of Revenue
Monday, October 5, 2021
Press Release:
September Revenue Collections Total $3.992 Billion
Monthly collections up $848 million or 27.0% vs. September 2020 actual; $501 million above benchmark


BOSTON, MA — Massachusetts Department of Revenue (DOR) Commissioner Geoffrey Snyder today announced that preliminary revenue collections for September totaled $3.992 billion, which is $848 million or 27.0% more than actual collections in September 2020, and $501 million or 14.3% more than benchmark. [1]

FY2022 year-to-date collections totaled approximately $8.751 billion, which is $1.501 billion or 20.7% more than collections in the same period of FY2021, and $525 million or 6.4% more than year-to-date benchmark.

“September collections increased in all major tax types relative to September 2020 collections, including withholding, non-withholding, sales and use tax, corporate and business tax, and ‘all other tax’,” said Commissioner Snyder. “The increase in withholding is likely related to improvements in labor market conditions while the increase in non-withholding tax collections is due to an increase in income estimated payments. The sales and use tax increase reflects continued strength in retail sales and the easing of COVID-19 restrictions.”

In general, September is a significant month for revenues because many individuals and corporations are required to make estimated payments. Historically, roughly 10% of annual revenue, on average, has been received during September.

Given the brief period covered in the report, September and year-to-date results should not be used as a predictor for the rest of the fiscal year.

Details:

• Income tax collections for September were $2.040 billion, $216 million or 11.8% above benchmark, and $325 million or 19.0% more than September 2020.

• Withholding tax collections for September totaled $1.190 billion, $78 million or 7.0% above benchmark, and $115 million or 10.7% more than September 2020.

• Income tax estimated payments totaled $806 million for September, $114 million or 16.6% more than benchmark, and $208 million or 34.8% more than September 2020.

• Income tax returns and bills totaled $84 million for September, $32 million or 61.7% more than benchmark, and $4 million or 5.1% more than September 2020.

• Income tax cash refunds in September totaled $41 million in outflows, $8 million or 25.6% above benchmark, and $2.5 million or 6.4% more than September 2020.

• Sales and use tax collections for September totaled $695 million, $6 million or 0.9% above benchmark, and $94 million or 15.6% more than September 2020.

• Meals tax collections, a sub-set of sales and use tax, totaled $118 million, $15 million or 14.1% above benchmark, and $28 million or 31.1% more than September 2020.

• Corporate and business tax collections for the month totaled $1.001 billion, $249 million or 33.0% above benchmark, and $379 million or 61.1% more than September 2020.

• “All other” tax collections for September totaled $256 million, $30 million or 13.4% above benchmark, and $49 million or 23.7% more than September 2020.

[1] With the recent enactment of the FY2022 budget, monthly revenue benchmarks were developed for the August 2021 through June 2022 period only.

###


State House News Service
Tuesday, October 5, 2021
State Tax Receipts Running Half A Billion Over Benchmarks
By Colin A. Young


State tax collectors brought in $3.992 billion of revenue in September, way up from September 2020 and half a billion dollars more than what the Baker administration was expecting to collect.

The Department of Revenue announced Tuesday afternoon that the September haul was $848 million or 27 percent greater than actual collections in September 2020 and $501 million or 14.3 percent greater than the month's benchmark. September typically brings in about 10 percent of the state's annual tax revenue, DOR said.

"September collections increased in all major tax types relative to September 2020 collections, including withholding, non-withholding, sales and use tax, corporate and business tax, and 'all other tax'," Revenue Commissioner Geoffrey Snyder said. "The increase in withholding is likely related to improvements in labor market conditions while the increase in non-withholding tax collections is due to an increase in income estimated payments. The sales and use tax increase reflects continued strength in retail sales and the easing of COVID-19 restrictions."

Since fiscal year 2022 began on July 1, DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion or 20.7 percent greater than actual collections during the same time period of fiscal 2021 and $525 million or 6.4 percent above the administration's year-to-date benchmark.

During fiscal year 2021, Massachusetts state government collected more than $5 billion more from residents, workers and businesses than it was expecting, leading to a sizeable surplus. The $34.137 billion total for fiscal 2021 was $5.047 billion or 17.3 percent above the state's benchmark and $4.528 billion or 15.3 percent more than the actual amount collected in fiscal year 2020.

By the time fiscal 2022 ends after June 30, 2022, DOR expects that it will have collected $34.401 billion in tax revenue. Revenues for the month of October, which DOR said is "among the lower months for revenue collection," are due to be announced Nov. 3. DOR has set the monthly collection benchmark at $2.248 billion.


State House News Service
Wednesday, October 6, 2021
Baker Plugs UI Rate Relief For Small Biz
By Matt Murphy


With tax collections continuing to exceed expectations, Gov. Charlie Baker on Wednesday pushed lawmakers to act on his plan to use part of the surplus from last year to deliver unemployment insurance relief to small businesses.

Baker in August filed a nearly $1.6 billion spending bill that would direct $1 billion of a roughly $5 billion surplus toward the trust fund used to pay unemployment claims. Other surplus money would be used to bolster the state's reserves, fund union contracts and support rate increases for human services providers.

Due to the effects of the COVID-19 pandemic on the economy, the Legislature authorized up to $7 billion in borrowing to help small businesses avoid steep increase in the unemployment insurances taxes they pay to cover benefits, but that would still need to be repaid over time.

"Thanks to a strong recovery and smart budgeting, MA has a surplus - it's time for lawmakers to return those surplus tax dollars and pass our plan to deliver small business relief," Baker tweeted, sharing a CommonWealth Magazine article about September tax collections.

The surplus Baker has proposed to spend on small business relief was from fiscal year 2021, which ended on June 30, but tax revenues have continued to come in strong in fiscal year 2022 and beat projections by $500 million in September.

Beacon Hill Democrats have not said whether they intend to use some of the surplus to reduce the unemployment insurance liability for small businesses, or if they might tap into the nearly $5 billion in American Rescue Plan Act funds to reduce the size of the tab facing employers over the next 20 years.

Some business groups, including Associated Industries of Massachusetts, have urged the Legislature to use both sources of funding for UI, while the Massachusetts Budget and Policy Center said targeted grants and loans would be a better way to support employers.

On the day of the Legislature's final ARPA hearing Tuesday, the state chapter of the National Federation of Independent Business said it was "unfair" to demand that employers pay back the full $7 billion deficit that resulted from pandemic layoffs, urging the Legislature to follow the lead of more than 30 other states that have used some ARPA funds to replenish their UI systems.

Retailers Association of Massachusetts President Jon Hurst also retweeted the governor Wednesday.

The budget bill to close out fiscal year 2021 is due this month, with Comptroller William McNamara needing the plan to be enacted and signed by Baker before he can close the state's books. The deadline for that to happen is Oct. 31.


The Boston Herald
Saturday, October 9, 2021
A Boston Herald editorial
Cash-flush state dilutes case for millionaires tax


Numbers-crunching aside, let’s just say that fiscal 2022 so far has been a banner year for the state treasury.

But numbers do tell the story of this embarrassment of riches, and the implications this surfeit might have on the millionaires tax referendum’s prospects.

The state collected $3.992 billion in tax revenue in September, far exceeding September 2020 and half a billion dollars more than the Baker administration was expecting to collect.

The Department of Revenue announced Tuesday that September’s haul was $848 million, 27%, more than actual collections in September 2020, and $501 million, 14.3%, above the month’s estimates.

September typically brings in about 10% of the state’s annual tax revenue, DOR said.

“September collections increased in all major tax types relative to September 2020 collections, including withholding, non-withholding, sales and use tax, corporate and business tax, and ‘all other tax,’ ” Revenue Commissioner Geoffrey Snyder told the State House News Service.

“The increase in withholding is likely related to improvements in labor market conditions while the increase in non-withholding tax collections is due to an increase in income estimated payments. The sales and use tax increase reflects continued strength in retail sales and the easing of COVID-19 restrictions.”

Since the July 1 start of fiscal 2022, the DOR has collected $8.751 billion from residents and businesses. The year-to-date total is $1.501 billion, 20.7%, greater than actual collections during the same time period of fiscal 2021, and $525 million, 6.4%, above the administration’s year-to-date goal.

During fiscal 2021, Massachusetts state government collected $5 billion more from residents, workers and businesses than it was expecting, leading to a sizable surplus.

The $34.137 billion total for fiscal 2021 was $5.047 billion, 17.3%, above the state’s benchmark and $4.528 billion,15.3%, more than the actual amount collected in fiscal year 2020.

That $5 billion-plus fiscal 2021 total also matches the $5 billion in federal American Rescue Plan funds the state has yet to allocate.

By the time fiscal 2022 ends on June 30, DOR expects to collect $34.401 billion in tax revenue. Revenues for the month of October, which DOR said is “among the lower months for revenue collection,” are due to be announced Nov. 3.

DOR has set the monthly collection benchmark at $2.248 billion.

Given what’s already transpired, that fiscal 2022 revenue estimate might need to be revised higher.

The only people on Beacon Hill not excited by these gaudy tax receipts are the lawmakers and special-interest groups behind that so-called millionaires tax. A joint session of state lawmakers in June took a final procedural step, voting 159-41 to clear the way for the proposal to be placed on the ballot after years of prior attempts stymied by political and court battles.

At the time, the surtax appeared to have the backing of the state’s voters; a poll by Boston-based MassINC Polling Group showed that 72% supported the wealth tax.

Lawmakers have promised the estimated $2 billion in added revenue will target transportation infrastructure and public-school needs, but opponents argue the gains won’t outweigh the potential loss of job-creating entrepreneurs and relocated businesses.

That 4% surcharge on yearly income exceeding $1 million becomes less necessary — and more punitive — after each successive revenue-beating month. And if that’s the case, why should voters in the 2022 statewide elections approve that ballot question — overwhelming backed by Democrats — when the state’s awash in cash?

That’s a valid ballot question.


State House News Service
Wednesday, October 6, 2021
Senate Approves Bill to Make Voting Reforms Permanent
Rejects Republican Alternative, Registration Amendments
By Colin A. Young


The Senate on Wednesday went on record supporting the permanent adoption of COVID-era voting allowances like expanded early voting and voting-by-mail, and also adopted policies like same-day registration that go beyond the changes made to accommodate elections during a pandemic.

The bill passed 36-3 along party lines after Democrats rejected an alternative the Republican senators offered to address many of the same issues. Democrats pitched the bill (S 2545), which would also build into the system additional supports for people with disabilities, as a way to remove obstacles to the ballot box and to maintain options that proved popular when available to voters in 2020.

"In 2020, for the first time in Massachusetts history, residents had the choice to vote by mail, to vote during [an] extended early voting window, or to vote in person on Election Day. These reforms, which received overwhelming bipartisan support, helped increase civic engagement and enabled residents to vote safely, securely and easily," Sen. Barry Finegold, who chairs the Committee on Election Laws for the Senate, said.

With early and mail-in voting options in place last year, 3,657,972 votes were cast in the Nov. 3 election, topping the state's previous record by nearly 300,000 votes and representing roughly 76 percent turnout, Secretary of State William Galvin's office said. Finegold said 42 percent of people voted by mail last year and another 23 percent cast their ballots during early voting.

"In the face of an ongoing pandemic, Massachusetts did not simply protect voting rights. We reinvigorated our democracy," he said.

Echoing what Senate President Karen Spilka last week referred to as "an anti-democratic, fundamentally un-American darkness" that she said "is spreading across the United States," a number of Senate Democrats on Wednesday referenced debates around voting rights in more conservative states.

"We're living in a dangerous moment. Dozens of states are restricting access to the ballot box and citing baseless politically-motivated claims of election fraud as a justification for doing so," Sen. Cynthia Creem said.

Just as Democrats in states like Texas were unable to stop legislative efforts to change state laws around voting and elections, the Republican minority in the Massachusetts Senate was unsuccessful Wednesday in generating support for a proposed rewrite of the voting reforms bill.

The alternative from the chamber's three Republicans, which failed on a 3-35 party-line vote, would have required annual notification of each voter's own registration status from the secretary of state, moved the voter registration deadline from 20 days before an election to five days before, and provided for at least one weekday evening of early voting beyond what the underlying bill proposed. It also would have allowed any registered voter to request a ballot to vote early by mail for any election but would have required the request to be made under the penalties of perjury.

Minority Leader Bruce Tarr called it "a prescription for how to go further and make sure that we have two things. Number one, increased voter participation. And number two, increased security and integrity around elections." He said he thought it was "important that everyone understand what we are proposing and the many areas of commonality that we share."

"I would hope that we would adopt this particular substitution and begin the process of a bipartisan agreement to be able to move forward to be proactive, to not be content with creating a situation where we receive voter participation, but one in which we go out and proactively create voter participation," Tarr said.

Sen. Ryan Fattman said the GOP rewrite also would have enhanced election accuracy by increasing random auditing, bolstered election security by doubling penalties for illegal voting and unlawful distribution of absentee ballots, and required that the state reimburse cities and towns for early voting costs.

The bill put forward by Senate leadership already included reforms that would direct sheriffs and other corrections officials to help eligible incarcerated voters learn their rights and apply for and cast ballots by mail, but senators went beyond that with the adoption Wednesday of a Sen. Adam Hinds amendment that more explicitly spells out what steps correction facilities must take to educate and facilitate voting among the eligible incarcerated population.

A few hours before the Senate gaveled in to debate its election reform bill, advocates pitched the Joint Committee on Election Laws on legislation (H 836/S 474) that mirrors the Hinds amendment.

"People who are incarcerated on misdemeanor convictions, who are civilly committed and who are incarcerated pretrial are all eligible to vote in the commonwealth. But we've created a system of de facto disenfranchisement of this population, disproportionately impacting Black and brown communities and undermining their voting power," Jesse White, policy counsel at Prisoners' Legal Services of Massachusetts, told the committee Wednesday morning.

People serving sentences for felony convictions in Massachusetts are ineligible to vote in state and Congressional elections while incarcerated, the result of a constitutional amendment approved by 64 percent of statewide voters on the 2000 ballot. But between 7,000 and 9,000 other people each year are held on misdemeanor convictions or as they await trial and remain eligible to vote, Creem said.

"We all feel a sense of pride and connection in our community when we vote ... Enabling eligible incarcerated individuals to feel that connection should be viewed as an important component of successful rehabilitation and reintegration and, due to the disproportionate percentage of minorities in our prisons, it should be viewed as an issue of racial justice," Creem said as the Senate began its debate Wednesday afternoon.

Middlesex County Sheriff Peter Koutoujian said Tuesday that making sure "any incarcerated individual who is eligible to vote has the ability to do so" is a top priority for him and his office, which has "fully incorporated voter registration into our reentry programming."

In 2016 and 2018, Koutoujian partnered with the League of Women Voters to conduct voter education drives, register new voters and help eligible voters get absentee ballots. In 2020, the sheriff's office worked directly with eligible voters since LWV volunteers were limited by pandemic health and safety restrictions.

"Our staff works diligently to ensure that returning citizens understand their voting rights and the value of civic engagement to a full and successful reentry into society. Since November 2019, we have helped 192 individuals register to vote as part of the reentry process," Koutoujian said. "Many of those who registered did not know they would be eligible to vote upon their release and several were registering for the first time in their lives."

Sen. Sonia Chang-Diaz offered two amendments -- both of which were rejected on voice votes -- related to the registration of incarcerated voters. One (#8) would have directed jails, prisons and facilities run by the Department of Youth Services to enter into agreements with the state to become automatic voter registration sites. A second amendment (#9) would have made pre-registration to vote part of the re-entry process for anyone preparing to be released at the end of their sentence for a felony conviction.

Geoff Foster, executive director of the Common Cause Massachusetts voting rights advocacy group, said he's noticed "a strong focus to prioritize voting rights and election reforms in Massachusetts" during this legislative session and told lawmakers that Hinds' jail-based voting proposal is critical "because it highlights and centers equity in the debate about our democracy."

Referring to the VOTES Act that the Senate would dive into later Wednesday, Foster added, "We also hope and ask that if that bill moves to the House, that this particular provision of jail-based voting be a top priority for all of you."

At the outset of debate, Tarr questioned the Legislature's ability to enact a permanent mail-in voting option without changing the state Constitution -- and raised the specter of consulting the state's highest court on the matter.

Tarr recounted that when Finegold and then-Senate President Therese Murray had sought to permanently expand early and absentee voting in 2013, they had done so by proposing an amendment to the Constitution. He also referenced a constitutional amendment filed this spring by Reps. Michael Moran and Kevin Honan to allow for no-excuse absentee voting.

Finegold responded: "We will say that we in the Legislature do find that mail-in voting is important for the people of the commonwealth. And we do believe the Constitution allows it."

Tarr replied that he hoped the Legislature would "not play dice with the Constitution, and that we will do what it takes to make sure that we are either compliant, or effect changes that would allow the statutes that we enact to be compliant."

"I become a little bit nervous when I hear that the Legislature has deemed something constitutional, when in fact there exists a significant constitutional question," said Tarr, adding that perhaps he and Finegold could join together in the future to seek an advisory opinion from the Supreme Judicial Court.

The bill now heads to the House of Representatives, which has already considered some parts of the Senate bill in other forms. But House Speaker Ronald Mariano said this week that representatives will "need another vote" on election reforms this session.

"Obviously, we'll wait and see what comes over in the form of the bill that we'll get from the Senate," Mariano said earlier this week. "We have taken a vote on the same-day amendment. We'll see what happens when we begin the debate."

The House rejected a same-day voter registration proposal last year and this June approved a supplemental budget amendment that would have permanently authorized mail-in voting and early voting before biennial elections.

Baker has supported mail-in voting, and signed the laws implementing and extending pandemic-era voting options, but he is opposed to same-day voter registration.

"We have lots and lots of opportunities for people to register right up until Election Day and a lot of processes that are pretty easy to use to get there," Baker said in a radio interview last month. "But I want municipalities and the commonwealth on Election Day to focus on one thing and one thing only, which is counting the votes."

Existing mail-in voting and expanded early voting provisions expire Dec. 15 without action to extend or replace them.

Sam Doran contributed reporting.


State House News Service
Friday, October 8, 2021
Weekly Roundup - Voting, Scrambled
Recap and analysis of the week in state government
By Matt Murphy


The timing may have been curious, but even Gov. Charlie Baker said he didn't find the announcement all that surprising.

About 30 minutes before Nathan Eovaldi threw the first pitch in a winner-take-all playoff game against the Yankees at Fenway Park, former President Donald Trump sent out an email announcing his "Complete and Total Endorsement!" of Geoff Diehl for governor, knocking the incumbent as a RINO in the process.

So how did Baker respond? "Let's go @redsox!" the governor tweeted just after 8 p.m.

Diehl started his campaign for governor over the summer trying not to be the Trump guy. Though everyone knew the former president had his support, Diehl wanted to stand on his own two feet. He said he couldn't say for sure whether the 2020 election had been stolen, and that both parties had a problem with respecting the results of elections.

Fast forward a couple of months and Diehl this week claimed the 2020 election was rigged, as he called on Gov. Baker to reject permanent voting by mail and embrace a GOP-backed voter ID ballot initiative - both unlikely scenarios.

Less than a day after making that statement, Diehl was on the phone with Trump himself, accepting the former president's endorsement. What followed was a deluge of armchair analysis over whether Trump's support for Diehl would help or hurt Baker, while Baker himself seemed to shrug it off.

"In some respects, I'm not surprised for a whole bunch of reasons," Baker said. "But the bottom line is I'm really focused on Covid, focused on getting people back to work and focused on making sure that kids have the opportunity to go to school in person this year and trying to get us back to what I would describe as normal as fast as possible.”

This week, that included expanding the mission of the National Guard to drive buses in four more school districts: Haverhill, Revere, Worcester and Wachusett Regional.

Baker's biggest challenge in a Republican primary, should he decide to run, will arguably be making sure the independents who are his bread-and-butter constituency vote in the GOP primary, rather than in the Democratic contest. Trump's endorsement, however, could prove useful for Diehl with fundraising outside of Massachusetts. And Diehl could use the help.

The former state lawmaker pulled in just $11,511 in September, while Baker posted his best month of the year with $173,348 in donations.

But let's also assume for a moment that Trump's support does translate to votes for Diehl. Will either of them trust the count if the ballots came by mail, or from jail?

The Senate this week voted to make sure Massachusetts residents have as many options as possible to cast their ballots in 2022 and beyond, passing a version of the VOTES Act that would expand early voting, make voting by mail permanent and allow for same-day voter registration.

Not one of the Senate's three Republicans backed the bill, and Senate Minority Leader Bruce Tarr questioned its constitutionality.

The overwhelmingly Democrat-controlled branch also voted for a Sen. Adam Hinds amendment that would require sheriffs and other public safety officials to make concerted efforts to help eligible, incarcerated individuals cast their ballots.

"We'll see ...," said House Speaker Ron Mariano at the start of the week, assessing the chances of the comprehensive elections package. The speaker was particularly apprehensive about same-day registration, which the House has voted against in the past.

But before they get to that, the House took up a bill to amend the 2016 animal cruelty prevention law to avert what egg and pork producers have warned could be a food supply crisis come January.

The ballot law backed by voters five years ago set standards for how much space egg-laying hens, pigs and veal calves must have when kept in captivity. But as industry practices changed and other states adopted their own standards, Massachusetts has become an outlier, threatening to prevent egg producers, in particular, from selling into Massachusetts.

The good news for breakfast lovers is that the House and Senate, along with egg producers and animal rights activists, seem to agree on the need to amend the law. The two branches must now just square their differences before the mid-session recess in November.

The bill passed by the House, like its Senate counterpart, would allow hens to be kept in smaller cages with 1 square foot of floor space, as opposed to 1.5 square feet, as long as they have "unfettered access" to vertical space. The House, however, also voted to delay new standards for raising pigs by a year.

Speaking of the November recess, House and Senate leaders have about five weeks to draft and vote on a plan to spend at least some of the state's $4.8 billion in American Rescue Plan Act funds, and they passed a major milestone in that process this week.

The House and Senate Ways and Means committees held their final public hearing on ARPA on Tuesday, taking testimony from people like Auditor Suzanne Bump, who called for a "rural rescue plan" for communities in western Massachusetts where she said population decline and business retreat have made it hard for them to maintain basic infrastructure, like roads and fire stations.

The Senate's Committee on Reimagining Massachusetts: Post Pandemic Resiliency also published its first report this week outlining billions of dollars in ideas for how to spend the money, and Bump and Inspector General Glenn Cunha argued for some funding to be set aside to audit how the money gets spent.

Democratic leaders have not yet said how much money they plan to allocate immediately, and how much they're willing to hold back, but Spilka said Monday that legislators are watching talks in Washington over infrastructure and social programs closely to make sure they avoid overlap.

MBTA General Manager Steve Poftak said this week that federal money already received by the transit agency will help cushion the system's long-term financial challenges until at least 2024 when some decisions will have to be made.

But Baker this week finally filled in the blanks on who will be helping to make some of those decisions. More than three months after the MBTA's Fiscal and Management Control Board dissolved, Baker named his five appointees to the new T oversight board that will be chaired by Betsy Taylor, six-year veteran of the state Department of Transportation board of directors.

The board will be rounded out by Robert Butler, vice president of the Massachusetts AFL-CIO; Thomas "Scott" Darling, a safety consultant; Travis McCready, executive director of the U.S. Life Sciences Market for JLL; and Mary Beth Mello, the principal at Mello Transportation Consulting.

Transportation Secretary Jamey Tesler also sits on the panel, as does Quincy Mayor Thomas Koch, appointed by the independent MBTA Advisory Board representing municipalities that help fund the T.

STORY OF THE WEEK: Voting reforms put in place to make sure elections could happen safely under quarantine are one step closer to being just a regular part of the new normal.


The Boston Herald
Saturday, October 9, 2021
Baker, Biden, Trump and Diehl all on political dance card
By Peter Lucas


Will Joe Biden now endorse Charlie Baker?

Unlikely. It is a Republican primary for governor we are talking about, and an endorsement by the Democrat president of a GOP governor — even if he is a RINO — would do more harm than good.

Biden is a train wreck of a president who has plummeted so far down in the polls that Republican Gov. Charlie Baker may have to endorse him.

Besides, there are already three Democrats running for governor, with the possibility of Attorney General Maura Healey becoming the fourth. And right now, it is not known whether Baker will even seek a third term.

If he does, conservative Republican Geoff Diehl, 52, who was endorsed Monday by Donald Trump, will be waiting to knock him off in the GOP primary. If Baker doesn’t run, then Diehl has a path to the Republican nomination for governor.

Diehl was co-chair of the Trump re-election campaign in Massachusetts.

The former president’s endorsement is no small thing. That is because it is a Republican primary we are talking about and not a general November election. It will help Diehl raise funds.

There are only 469,000 registered Republicans in Massachusetts, most of whom probably voted for Trump in the last election.

While Biden easily defeated Trump in the state, 60.6% to Trump’s 32.1%, Trump did amass 1,167,202 votes. Biden got 2,382,202.

Diehl will not get most of those Trump votes in a GOP primary. But if he can get enough support from voters disaffected with Biden’s swing toward socialism, along with a hefty chunk of Republicans, he has a shot.

Diehl has shown that he can get statewide votes on his own. While he was soundly defeated by Democrat U.S. Sen. Elizabeth Warren in 2018, he did get 979,507 people to vote for him in the general election. Warren got 1.634,213 votes, however.

Baker, going on eight years as governor, is still a popular figure. The moderate/liberal chief executive scores well with Independents and Democrats. It is among conservative Republicans where Baker has problems.

This is partly due to the takeover of the Republican Party apparatus — namely the Republican State Committee — by Chairman Jim Lyons, a Trump enthusiast, along with a team of Trump supporters.

Lyons and the committee will control the Republican Party convention, which could be a major embarrassment to Baker should the convention endorse Diehl.

Baker is a longtime critic of fellow Republican Trump. He did not support Trump for president in 2016, or when he was president, or when he sought re-election. He let people know that he did not vote for Trump either. So now it is payback time.

In a typical Trump disjointed statement, Trump called Baker a RINO “who has done nothing for the Republican Party.”

“He has totally abandoned the principles of the Republican Party, never cutting taxes and undermining our agenda,” Trump said.

“Baker is bad on crime, disrespects our police, does nothing for our veterans, has totally botched the vaccination rollout, presided over the collapse of the MBTA, and has seen crime go to record levels,” the former president said.

Trump’s endorsement, along with Diehl’s reaction, indicates that Trump and his policies will be a major part of Diehl’s campaign. It is a given that he will go after Baker on the vaccine rollout, the scandalous death of 77 veterans at the Holyoke Soldiers Home, the MBTA and a host of other issues.

But Diehl will openly campaign on Trump’s “America First” agenda, which has a lot of appeal among Republicans and conservatives who want to halt the illegal immigrant invasion of the country.

Diehl said, “I am inspired by the president’s (Trump) America First agenda, which he backed up by delivering on his promises during his time in the White House.”

“Like President Trump, I want to ensure a strong economy … I want families to feel safe,” Diehl said. Like Trump, he added, “I want people to feel like government isn’t working against them and that they can enjoy the individual freedoms our state and country were founded on.”

We are in a fascist-like, authoritarian Biden era of mandates. Now the FBI is tasked with monitoring the behavior of parents at local school committee meetings as in the old Soviet Union. Watch what you say, comrade.

A Diehl “Massachusetts First” campaign will appeal to a lot of people.

Peter Lucas is a veteran Massachusetts political reporter and columnist.


State House News Service
Friday, October 8, 2021
Advances - Week of Oct. 10, 2021


Thousands of state employees next week face vaccination deadlines while legislative leaders slow-walk their fall agenda with just over five weeks remaining before the holiday recess.

Legislators appear poised to release redrawn House and Senate district lines, and top Democrats are drafting major spending bills to allocate American Rescue Plan Act funds and the fiscal 2021 state budget surplus.

The Senate this week approved and shipped to the House a major voting reform bill, after earlier this fall sending over a sex education bill with hopes that the House will finally tackle that perennial policy proposal.

House leaders meantime are eager to see the Senate take up one of its priorities, legalizing sports betting. Gov. Charlie Baker has a student nutrition bill on his desk and his appointees to a new MBTA Board are likely making plans for their first public get-together.

The vaccination mandates are designed in part to facilitate the broader return to in-person work settings, as entities move ahead on widely varying schedules in that regard. With COVID-19 still spreading, crowded bars, restaurants and sporting venues are now common, and public schools next week become eligible to lift their mask mandates if they can prove they meet vaccination thresholds. However, many employers remain in remote mode, including the Legislature, where plans to reopen the State House to the public are still unclear and mask-wearing requirements remain in place even with very few people in the building on a regular basis.

Another major milestone comes Monday, when Massachusetts will be in the international spotlight for the return of the Boston Marathon. Crowds are expected to fill the race route from Hopkinton to Boston, and there's a possibility that the Boston Red Sox will also host a playoff game on the city's first-ever Marathon Monday in October.

The Senate has only a pair of informal sessions on its schedule for next week, indicating major legislative activity appears unlikely in that branch.

Vaccine Mandate Deadlines Near

All executive department employees must provide proof of COVID-19 vaccination by Sunday, Oct. 17, under an executive order Gov. Baker issued in August. Employees for whom vaccination is "medically contraindicated or who object to vaccination on the grounds of sincerely-held religious reasons" may be entitled to an exemption from the requirement, and those who feel they qualify must have submitted an exemption by Friday, Oct. 8, according to an online FAQ the executive branch's human resources department published.

The policy applies to about 45,000 employees, and according to the FAQ, the requirement extends across full- and part-time workers, contract employees, interns, seasonal, intermittent and temporary workers, and those who telework full-time. Those affected by the policy must provide proof that they have received the required two doses of the Moderna or Pfizer vaccine or the single dose of the Johnson & Johnson vaccine, and options are available both online and in paper form.

Executive branch employees who choose not to get vaccinated and do not qualify for an exemption will face an increasing scale of discipline. The FAQ says managers will first be suspended for five days without pay, with "continued non-compliance" later resulting in termination. Bargaining unit members who do not comply will at first face a five-day suspension without pay, then an additional 10-day suspension without pay, and then termination if they continue to disobey the mandate.

Most workers who resign or are fired for failing to comply with a COVID-19 vaccine "will not be eligible to collect unemployment benefits," the FAQ said, noting that decisions will ultimately take place "on a case-by-case basis."

According to the Baker administration, the documentation related to an employee's COVID-19 vaccinations will be maintained confidentially. The administration is also calling on executive branch employees to provide proof that they have received booster vaccine doses as they become available and as groups become eligible.

A Baker spokesperson, who did not share official guidance or documents, said the administration is "encouraged by the response to date" and is seeing "significant progress toward the vaccination goal." When the policy was announced, Baker administration officials said they would work with unions representing affected workers, and that "specific ramifications of non-compliance for staff represented by unions will be discussed well in advance of October 17."

The union representing Massachusetts corrections officers, which is suing to challenge the mandate's constitutionality, last week sent its members what it said was guidance from the state's Office of Employee Relations outlining how to comply with the vaccine policy.

Senate President Karen Spilka in August declared an Oct. 15 vaccine mandate deadline for senators and staff and the House, under an order adopted by that branch on Sept. 23, is exploring a Nov. 1 vaccine mandate deadline.

On Thursday, Connecticut Gov. Ned Lamont published agency-by-agency data showing rates of compliance and vaccinations, including a 78.5 percent fully vaccinated rate and a 2.2 percent non-compliance rate in the executive branch. Lamont's executive order required all Connecticut state employees, child care facility staff, and preK-12 school employees to receive at least one COVID-19 vaccine dose by Sept. 27.

Storylines In Progress

... Offshore wind interests, including top federal government regulators, are due to participate either in-person or remotely at a major conference in Boston

... State education officials are set Tuesday to weigh in on what is described as a "pioneering high school model"

... Cannabis regulators on Thursday revisit their discussion of whether Lawrence, and perhaps other communities, should be designated as areas of disproportionate impact

... The Legislature for years has resisted attempts to beef up seatbelt law enforcement by giving police more power, but the push for a primary enforcement bill continues, picking up again on Wednesday before the Public Safety Committee

... Supporters of President Biden's nomination of Suffolk DA Rachael Rollins to serve as U.S. Attorney for Massachusetts continue their push to put the issue before the full Senate, after the Judiciary Committee deadlocked 11-11 on her nomination ...

Wednesday, Oct. 13, 2021

PUBLIC SAFETY COMMITTEE: Joint Committee on Public Safety and Homeland Security holds a hearing on legislation related to transportation, including a trio of bills to establish primary seatbelt enforcement (H 2515/H 2543/S 1591). Massachusetts law currently requires seatbelt use, but it is a secondary enforcement law, so police can only cite motorists for not wearing a seatbelt when they have already stopped the vehicle for another traffic violation. Gov. Baker earlier this year proposed allowing police to pull over and cite people for not wearing their seatbelts as part of a larger bill, but the idea was knocked by civil rights and transportation advocates. The committee will also hear testimony on bills dealing with seatbelts on school buses (H.2425/S.1569/S.1572/S.1632) and police pursuits (H.2541/H.2514/S.1631). (Wednesday, 11 a.m., More Info)

Event Date:  Wednesday, October 13, 2021
Start Time:  11:00 AM
Location:  Virtual Hearing
Written testimony can be emailed to Dave McNeill at david.mcneill@mahouse.gov
and Cara Libman at cara.libman@masenate.gov


The Boston Herald
Monday, October 4, 2021
A Boston Herald editorial
Inflation a growling wolf at the door


Last week, Dollar Tree, one of the few dollar stores that lived up to the promise of its name, announced a shocking development. Its costs had risen so high in recent weeks that it could no longer hold the line at a single buck. Instead, it regretted to announce, many items would now cost either $1.25 or $1.50.

Wall Street was delighted. Dollar Tree shares shot up. But the news was an especially vivid reminder of the clear and present danger of inflation, coming for the very customer base that could afford it the least.

The signs of higher costs passed on to consumers are everywhere: menu items at restaurants, grocery totals at the checkout, pain at the fuel pump, shipping prices for containers, lumber costs, real estate prices, rising labor expenses for small businesses, on and on. There have been disagreements about whether this is a temporary phenomenon of COVID-19 recovery and associated federal spending (which tends to be the liberal position and is the official prediction of the Federal Reserve), or a serious threat, especially given the stubborn supply-chain problems that don’t seem to be improving. That’s a theory gaining traction among many business executives (and even some of the voices at the Fed).

But all this overlooks a crucial and much-underestimated factor. Many Americans, especially those under 40 and including many reporters and a hefty chunk of the Twitterati, have no personal experience of what inflation can do to an economy, or to a citizen saving for retirement. They fear not the growling wolf. Thus those who see its dangers have some educating to do.

Take, for example, the decades-long progressive fight for a $15 minimum wage.

Progressive organizers campaigning for minimum wage increases across the country barely breathed the word “inflation” and rarely index-linked their demands. Whole numbers were more politically effective and far more easily understood. This has contributed to the inflation-ignorance problem.

On the other side of the political spectrum, take the 3% compounding cost-of-living adjustment, or COLA. Those increases have been attacked for years, but now we’re seeing prices rising apace.

The notion that the COLA alone is massively out of whack with inflation is looking shakier, given that the consumer price index in June was up 5.4% from a year earlier.

Businesses are girding their loins to have to pay more for workers of all stripes. And they’ll be building that into their prices. They’ll have no choice.

The problem with inflation is that it slashes the actual value of people’s savings accounts, making a retirement that once seemed secure far more tentative.

Younger people have no idea what it was like in the high-inflation years of the 1970s, of course. They don’t have a sense of costly mortgages hammering their chances of getting a loan or of watching their hard-won savings get eaten away by ballooning prices. They may well get a crash course in that understanding in coming weeks and months, but part of the current progressive orthodoxy is still that the danger of inflation is overstated. Too many people have bought that hook, line and sinker.

Yet that Dollar Tree price increase suggests otherwise. Imagine how hard that must have been for the company’s executives, given that their entire identity was wrapped up in that very barrier.

Those with some worn tread on their tires who understand the dangers of inflation have some teaching to do. The wolf is at the door.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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