Analysis of Sen. Rosenberg's attempt to kill the
initiative process
prepared by Common Cause of Massachusetts
Senate Bill 362
Constitutional Amendment Regarding the Initiative Process
Sponsors: Senators Rosenberg (D-Amherst),
Moore (D-Uxbridge), and O’Leary (D-Barnstable). Representative
Spellane (D-Worcester)
(Actual title: Proposal for a legislative amendment to the constitution promoting the
representative character of ballot questions.)
Number of Signatures
The bill increases the number of signatures required to place initiatives and constitutional
amendments on the ballot. Specifically, the bill would require:
l 2.5% of the registered voters in the state to sign an initiative petition for a law,
l 3.0% of the registered voters in the state to sign a petition for a constitutional change.
The current requirement is 3% of the votes cast for Governor in the last statewide
election for both.
Signature Distribution
The bill would add a requirement that the petitions be signed by:
l 1.5% of the registered voters from each congressional district for an initiative petition for a
law, and
l 2.0% of the registered voters from each congressional district for a
constitutional change.
The current requirement is that no more than 25% can come from any one county.
Timing Changes
The legislation would change the submission date to the AG from August to June. It
would also extend the signature gathering period six weeks from the present eight, for a
total of 14 weeks. The signature gathering period would start the third Wednesday in July
instead of
the first Wednesday of September.
Ballot Title and Statement Commission
The legislation would substitute a Ballot Question and Title Summary Statement
Commission
for the Attorney General in writing ballot question titles and summaries. See
summary of
S363 for description.
Senate Bill 363
Statutory Changes to the Initiative Process
Sponsors: Senators Rosenberg (D-Amherst),
Moore (D-Uxbridge), and O’Leary (D-Barnstable). Representative
Spellane (D-Worcester)
(Actual title: Expanding Financial Reporting Requirements and Information for Voters Regarding Ballot Initiatives)
Ballot Question Title and Summary Statement Commission
Establishes a new commission, rather than the Attorney General, to write ballot titles, summaries, and “explanatory statements.”
Composition. The commission is comprised of five people: the attorney general or
designee,
the secretary of state or designee, who serves as chair, and three gubernatorial
appointees
who have polling experience or are retired judges.
Procedure. The Commission receives the Attorney General’s draft summary and title and
then
solicits public and expert testimony for 10 days. Ten days later, the commission
submits
final language to the Secretary for printing petitions.
Explanatory statements. The Commission also writes and holds public hearings on a draft
500
word explanatory statement that apparently replaces the current pro and con
arguments
drafted by opponents and proponents (although it may be in addition to it). The
statement
describes the consequences of a yes or no vote and is published in the voter
guide.
Ballot Question Fiscal Impact Statement Commission
Establishes a new commission to write a 100-word fiscal impact statement for publication
in
the voter guide that describes the impact of an affirmative vote on government finances.
Composition. The commission is comprised of 8 members: the State secretary or
designee, who
serves as chair, the Chair and ranking minority member of House Ways and Mean, the Chair and
ranking minority member of Senate Ways and Means, the state treasurer or designee, the
secretary of administration and finance or designee, and a person designated by the Mass
Municipal Association.
Procedure. The Commission drafts a statement and holds public hearings. Five members
are
required to sign off on a final draft. If no such agreement is reached, a statement
saying
that the fiscal impact of the measure cannot be reasonably determined is published
in the
voter guide instead of an impact statement.
Paid Signature Gatherers
The bill directs the Sate Secretary to promulgate regulations for paid signature gatherers to limit fraud. The regulations must include a prohibition on:
l Companies paid to collect signatures from working on more than one petition in a
two-year
period;
l Paid signature gatherers collecting signatures for more than one initiative petition per day.
The regulations must also require paid signature gatherers to wear identification and to swear an oath to each local registrar that the names are from qualified voters.
Increased Disclosure
The bill would require the state secretary to provide more campaign finance data on the
web
site and in the voter guide, including contributors over $5,000 and graphs depicting percentage of large contributions.
The bill would also require disclosure to OCPF of all contributions over $2,500 within 24 hours, if made within 45 days of the election.