The Dangerous Proposed Constitutional Amendment
to
Further Undermine Citizens Rights
by Crushing Our Initiative Petition Process
Authored and Sponsored by
State Senator Stanley C. Rosenberg (D-Amherst)
Sen. Rosenberg's Proposed Amendment to the State
Constitution:
PROMOTING THE REPRESENTATIVE CHARACTER
OF BALLOT QUESTIONS
Article XLVIII of the amendments to the Constitution is hereby amended in that part of said article XLVIII under the heading “The Initiative. II. Initiative Petitions” in section three by:
Striking the words: “shall be submitted to the attorney-general not later than the first Wednesday of the August before” and replacing them with the words: “shall be submitted to the attorney-general not later than the first Wednesday of the June before”, and is further amended by:
Striking the words: “it may then be filed with the secretary of the Commonwealth” and replacing them with the words: “it may then be filed with a Ballot Question Title And Summary Statement Commission, the membership and operations of which will be provided for in the general laws. Said Commission will receive draft titles and summaries from the attorney general for use on the state ballot and petition forms and prepare final titles and summaries for use by the state secretary.”, and is further amended by:
Striking the words: “a fair, concise summary, as determined by the attorney-general” and replacing them with the words: “a fair, concise summary, as determined by the Ballot Question Title And Summary Statement Commission”, and is further amended by:
Striking the words: “not earlier than the first Wednesday of September” and replacing them with the words: “not earlier than the third Wednesday of July”.
Article XLVIII of the amendments to the Constitution is hereby further amended in that part of said article XLVIII under the heading “The Initiative. IV. Legislative Action on Proposed Constitutional Amendments” in section two by:
Striking the words: “in the aggregate by not less than such number of voters as will equal three percent of the entire vote cast for governor at the preceding biennial state election” and replacing them with the words: “in the aggregate by not less than such number of voters as will equal three percent of the number of registered voters during the preceding biennial state election and including such number of voters as will be equal to two per cent of the number of registered voters in each Congressional district during the preceding biennial state election”
Article XLVIII of the amendments to the Constitution is hereby further amended in that part of said article XLVIII under the heading “The Initiative. V. Legislative Action on Proposed Laws” in section one by:
Striking the words: “in the aggregate by not less than such number of voters as will equal three per cent of the entire vote cast for governor at the preceding biennial state election” and replacing them with the words: “in the aggregate by not less than such number of voters as will equal two and one half percent of the number of registered voters during the preceding biennial state election and including such number of voters as will be equal to one and one half per cent of the number of registered voters in each Congressional district during the preceding biennial state election”
Article XLVIII of the amendments to the Constitution is hereby further amended in that part of said article XLVIII under the heading “The Initiative. V. Legislative Action on Proposed Laws” in section two by:
Striking the words: “a number of signatures of qualified voters equal in number to not less than one half of one per cent of the entire vote cast for governor at the preceding biennial state election” and replacing them with the words: “a number of signatures of qualified voters equal in number to not less than one half of one per cent of the number of registered voters during the preceding biennial state election”
Sen. Rosenberg's Proposed
Statutory Amendment:
EXPANDING FINANCIAL REPORTING REQUIREMENTS
AND INFORMATION AVAILABLE FOR VOTERS
REGARDING BALLOT INITIATIVES
Chapter 9 of the General Laws is hereby amended by inserting after Section 9A the following section:-
Section 9B. There shall be in the department of the state secretary, but not under his supervision or control, a Ballot Question Title And Summary Statement Commission consisting of the state secretary or his or her designee, who shall serve as it’s chairperson, the attorney general or his or her designee, three persons designated by the governor. Persons designated by the governor will serve a term coterminous with the Governor’s and be expected to have received training and have experience in developing survey questions of a fair and unbiased nature, or be retired justices from the state court system, and in either instance not currently employees of the Commonwealth. Said Commission will receive draft titles and summaries from the attorney general for use on the state ballot and petition forms and prepare final titles and summaries for use by the state secretary. Upon receipt of said drafts from the attorney general, the Commission will circulate said drafts by electronic and other means within one business day and begin a ten day public comment period in order to solicit public and expert testimony on the merits of the draft and in order to solicit proposals for its possible improvement. Ten days following the close of the public comment period, the Commission will make available to the state secretary the completed title and summary language for printing on blank petitions by the state secretary to allow filing within the Constitutionally prescribed period. The Ballot Question Title And Summary Statement Commission shall also be responsible for drafting a 500 word explanatory statement describing the consequence of an affirmative and negative decision on the question described and submitting said statement to the state secretary for use in providing information to voters in preparation for the state election in which the question shall appear. As part of the drafting process, the Commission shall hold public hearings and receive public comment on the drafts submitted to the public for their consideration.
Chapter 9 is further amended by inserting after Section 9B the following section:-
Section 9C. There shall be in the department of the state secretary, but not under his supervision or control, a Ballot Question Fiscal Impact Statement Commission consisting of the state secretary or his or her designee, who shall serve as it’s chairperson, the chairpersons and ranking minority members of the House and Senate Committees on Ways and Means or their designees, the state treasurer or his or her designee, the secretary of administration and finance or his or her designee, and a person designated by the Massachusetts Municipal Association. The Ballot Question Fiscal Impact Statement Commission shall be responsible for drafting a 100 word explanatory statement describing the fiscal consequence for state and local government finances of an affirmative decision on the question described and submitting said statement to the state secretary for use in providing information to voters in preparation for the state election in which the question shall appear. As part of the drafting process, the Commission shall hold public hearings and receive public comment on the drafts submitted to the public for their consideration. If at least five Commission members can not agree on a final fiscal impact statement the following statement will be delivered for use by the state secretary: “The fiscal impact of this measure, if any, can not be reasonably determined at this time”
Chapter 9 is further amended by inserting after Section 9C the following section:-
Section 9D. For the administration and support of activities authorized under Sections 9B and 9C of this Chapter, the state secretary may employ and assign such assistants and other employees as are required.
Chapter 53 of the General Laws is hereby amended by inserting at the end of Section 7, the following:-
Subsection I: The state secretary shall further promulgate regulations governing the conduct of paid signature gatherers for ballot questions, designed to achieve and maintain security from forgery and fraud in the collection of such signatures on petitions for ballot questions and names thereon. Such regulations shall:
(a) prohibit companies paid to collect signatures for ballot petitions from contracting to do so for more than one ballot question in any two year election cycle;
(b) prohibit individual signature gatherers paid for such services from collecting signatures for more than one ballot question during the same twenty-four hour period;
(c) require individual signature gatherers paid for such services to display identification indicating the company or organization that is paying for the service, a phone number for that organization, and the individual collector’s state of residence;
(d) require that individual signature gatherers paid for such services sign a sworn oath upon submitting such signatures to the local registrar declaring that the signatures submitted were signed in their presence, and, to the best of their knowledge, the signatures submitted are names of qualified voters.
Chapter 54 of the General Laws is hereby amended by inserting after Section 53 the following section:-
Section 53A. The secretary of the Commonwealth shall publish the following on its website and in the information for voters material:
(a) the most recent list of the top 10 contributors to committees organized for the purpose of supporting and committees organized for the purpose of defeating a ballot question and all contributors to each committee organized for said purposes contributing above $5,000 in any one election cycle;
(b) the most recent contribution amount for each listed contributor;
(c) the address, employer, and occupation of each listed contributor;
(d) the most recent total of expenditures for each committee organized for the purpose of supporting or defeating a ballot question;
(e) a graph or chart depicting the percentage of all contributions made to all committees organized for the purpose of supporting and all committees organized for the purpose of defeating a ballot question. Such graph or chart should depict contributions in amounts under $50, between $50 and $199, between $200 and $999, between $1,000 and $9,999, and those above $10,000;
(f) the physical address and phone number of the Office of Campaign and Political Finance ("OCPF")
(g) OCPF's website address;
(h) a statement informing voters that they can access more information regarding the financial information of ballot question committees at OCPF's physical location or website.
Chapter 55 of the General Laws is hereby amended by inserting after Section 5B, subsection (a) ii, the following:-
(iii) whether the committee has been organized in support or in opposition to a specific ballot question
Chapter 55 is further amended by inserting after Section 18 subsection (h) the following:-
(i) Notwithstanding the provisions of other clauses of this section, all contributions or aggregate contributions made to a ballot question committee in excess of $2,500 within 45 days of the election on which the ballot question appears, shall be reported to the Office of Campaign and Political Finance within 24 hours of receipt by the ballot question committee.
Sen. Rosenberg's Proposed Statutory
Amendment:
TO IMPROVE VOTER PARTICIPATION IN MASACHUSETTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same, as follows:
Section 1: There is hereby established a Special Commission within the meaning of M.G.L. c. 4, § 2A, to be known as the Electoral Reform Commission. The purpose of the Commission shall be to the best of its ability, to determine the causes of low voter participation and turnout in Massachusetts and to investigate and make policy recommendations to encourage and facilitate greater voter participation and to ensure fair and democratic elections in the Commonwealth of Massachusetts.
Section 2: The Commission shall consist of no less than eighteen members, and shall include two members of the House of Representatives one of whom shall be appointed by the Minority Leader, and two members of the Senate one of whom shall be appointed by the Minority Leader. The Governor shall appoint one member. The Secretary of the Commonwealth shall appoint the remaining members, who shall consist of individuals with expertise in the field of election laws or who have demonstrable knowledge and experience in the field of electoral reform, and shall include representatives of the following organizations:
(a) Asian Pacific American Association;
(b) Associated Industries of Massachusetts;
(c) Dunk the Vote;
(d) Greater Boston Chamber of Commerce;
(e) League of Women Voters of Massachusetts;
(f) Massachusetts A.F.L.-C.I.O;
(g) Massachusetts Bar Association;
(h) Massachusetts Taxpayers Foundation.
(i) Massachusetts Voter Education Network (Mass VOTE);
(j) N.A.A.C.P.;
(k) ¿Oiste?: Latino Civic Initiative;
(l) Youth VOTE Massachusetts;
Section 3: The Secretary of the Commonwealth shall call the first meeting of the Commission within thirty days of the enactment of this legislation, at which meeting the Commission shall elect a chair from among its members. The Commission shall meet at least once per month, at the call of the chair. Eleven members present at a meeting shall constitute a quorum. The Commission shall hold at least one public hearing.
Section 4: Members of the Commission shall serve without compensation. The Office of the Secretary of the Commonwealth shall provide administrative support for the commission. The Commission may also seek, accept, and expend any grants or gifts of money, professional services, consultant services, clerical and other services and supplies from the federal government and any other public or private source in the course of its investigation.
Section 5: The Commission may seek from any official or agency of the Commonwealth such information as is necessary to carry out its duties and functions, and all officials, agencies, and political subdivisions of the Commonwealth are hereby directed to supply such information to the maximum extent consistent with law.
Section 6: At the request of the Governor, or of the Secretary of the Commonwealth, or of the Attorney General, or of the Legislature, or of its own volition, the Commission may form task forces to address specific issues. The Commission may appoint individuals who are not members of the Commission to serve on such task forces.
Section 7: The Commission shall report to the General Court the results of its investigation and its recommendations, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the Clerk of the House of Representatives on or before the first Wednesday in December, 2003.
Official State Bill as it appears