CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

 

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.


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