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CLT UPDATE
Monday, September 7, 2020

The Chaos Is Just Warming Up


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

The founder of Citizens for Limited Taxation, Barbara Anderson, passed away in 2016. We lost Chip Faulkner, the public face of the organization and decades-long ringmaster of the conservative Friday Morning Group, last year. Some assumed that the organization would end as well.

But their work isn’t finished.

Chip Ford, Executive Director of Citizens for Limited Taxation, sent out an alert on S-2813, the Senate Transportation Bond Bill, regarding its Section 5 – “Local and Regional Transportation Initiatives.” Like most legislation, it is composed of technical language to discourage any close reading.

“Notwithstanding Ch. 59, 60A, 62, or 64H or any other general or special law to the contrary, the governing body of a city or town may vote to accept this chapter authorizing a surcharge on a single subject of taxation. A governing body that intends to accept the chapter 23 of 61 shall determine a single subject of taxation to be levied and the amount and rate of the surcharge on the single subject of taxation prior to approval by the voters. If the identified single subject of taxation is a real or personal property excise, the amount of the surcharge shall not be included in a calculation of total taxes assessed for the purposes of section 21c of chapter 59.”

I ask you, what could be clearer than that?

But here is what it means, despite the oddity of a tax law change being buried in a bond bill....

As Chip Ford writes, this Section 5 is a solution in search of a problem. For 40-odd years, municipal budgets have been held to a 2½% increase annually. If there is an expenditure beyond that which the voters in the town think worth pursuing, they can vote to increase beyond the limit, either temporarily with a debt exclusion where feasible or through a permanent override. If the voters approve the project, it will get the votes and the funding. But how much easier it might be to increase without having the voters so directly involved, as they might say no....

Nobody will remember two years from now, especially if you’ve already been reelected a dozen times, until the business taxes go up with no clear explanation of why. Visit cltg.org and see what other interesting nets are being cast toward our pocketbooks, and support them if you can.

We have too few watchdogs in government and too many yipping Pomeranians. Citizens for Limited Taxation is still growling for us all.

The Cape Cod Times
Thursday, August 27, 2020
Work isn’t done for citizens watchdog group
By Cynthia Stead


All but one of the 18 House incumbents on the primary ballot Tuesday successfully fended off challenges, including 11 who are either committee chairs or serve in Speaker Robert DeLeo's leadership team....

The only House lawmaker to lose their seat in a primary was Lowell Democrat David Nangle, who was defeated by Vanna Howard. Nangle started this session with a leadership post as division chair, and stepped down from that position and his seats on the House Ethics and Rules committees in the wake of his February arrest on federal charges connected to bank fraud and misuse of campaign funds, to which he has pleaded not guilty....

In the Senate, where every Democrat holds a chairmanship or leadership post, Financial Services Committee Co-Chair James Welch of West Springfield was the only incumbent to lose Tuesday.

State House News Service
Wednesday, September 2, 2020
Except Nangle, Leadership So Far Remains Intact


This is supposed to be the big change election?

Up and down the ballot on Tuesday, nearly all incumbent lawmakers swept to victory in their primary contests as Massachusetts voters rejected fresh-faced challengers like U.S. Rep. Joseph P. Kennedy III.

At the State House, just two Democratic incumbents lost their seats, and one of those, Rep. David Nangle, is facing federal bank fraud charges.

House Speaker Robert DeLeo’s leadership team won all their contested races except for Nangle, so there will be no change in how the Legislature is run.

And for those looking for change in the Massachusetts congressional delegation, forget it.

The Boston Herald
Wednesday, September 2, 2020
Voters stick with same, tired old pols in non-change election
By Joe Battenfeld


Boston had the second-highest month-over-month growth in job openings in the nation in August, part of a slight uptick in openings nationally, according to a new report.

Boston had 120,519 job openings, a 7.6% increase over July, but down 22.8% over the same period last year, according to Glassdoor, one of the world’s largest job and recruiting websites.

The growth last month was second only to that of Chicago, which had 168,575 job openings, up 9.4% from July, but 18% lower than last August, the report said....

“The most recent data from the U.S. Bureau of Labor Statistics said that Massachusetts had the highest unemployment rate in the nation, so the fact that there are employers seeking to fill positions is a very good sign,” said Greg Sullivan, research director at the Pioneer Institute, a public-policy think tank in Boston. “This shows Massachusetts is starting to climb out of the economic collapse.” ...

“It’s a reflection of both how deep the economic hole is that we’re in and also the improvement that comes from states and businesses reopening,” said Daniel Zhao, senior economist at Glassdoor.

The Boston Herald
Tuesday, September 1, 2020
Report: August job growth puts Boston among top cities in nation
Openings signal start to recovery, economists say


Some Massachusetts residents this week will start to receive the extra $300 in weekly unemployment benefits, according to officials in the Bay State, home to the country’s highest unemployment rate amid the coronavirus crisis.

The Massachusetts Department of Unemployment Assistance has begun disbursing the additional benefits to Pandemic Unemployment Assistance claimants, who received benefits starting Wednesday.

Payments are expected to land in claimant accounts by Saturday, according to the state’s Executive Office of Labor and Workforce Development.

Claimants through the standard unemployment assistance program are expected to receive the extra money by Sept. 15.

The boosted unemployment will total $900. The grant will fund an extra $300 weekly payment for those eligible for the three weeks ending Aug. 1, 8 and 15....

The Bay State has applied for a fourth week of extra benefits. The state — through the Massachusetts Emergency Management Agency, in coordination with the Department of Unemployment Assistance — has applied to the Federal Emergency Management Agency for the week of Aug. 22.

Massachusetts had the nation’s highest unemployment rate in July at 16.1%, according to a U.S. Bureau of Labor Statistics report.

The Boston Herald
Wednesday, September 2, 2020
State starts to disburse extra $300 weekly unemployment payments
The retroactive boosted unemployment benefits will total $900


Nearly one-fifth of Bay State restaurants have permanently closed due to the coronavirus pandemic, according to the Massachusetts Restaurant Association, and others wonder whether they will survive the fall and winter.

Out of approximately 16,000 statewide, 3,400 have closed their doors for good, said Bob Luz, the association’s president and CEO. The rest now offer customers curbside delivery, indoor dining or dining alfresco.

“Not surprisingly, outdoor seating has become very popular” among customers concerned with contracting the virus, Luz said.

But even restaurants that have the space to offer outdoor dining worry about what the future holds for them once the weather grows cold.

Owners are preparing for the fall by buying outdoor heaters and tents, he said. But the state is allowing outdoor dining only until the end of November....

Tony Maws said Craigie Burger, the Fenway restaurant he was a partner in, closed in March, and his other restaurant, Craigie on Main in Cambridge, has been selling food to go. Two weeks ago, he opened Craigie Next Door, an outdoor eatery in a former parking lot.

“We’re operating at 30 percent of our normal volume,” said Maws, co-founder of Massachusetts Restaurants United. “Fall’s around the corner, outdoor dining will disappear, our PPP (Paycheck Protection Program loan) will run out, and independent restaurants will die.”

Ultimately, he said, that will be a loss not only for owners like him and the employees they will have to lay off, but for everyone.

“Independent restaurants are the flavor and personality of your main streets,” Maws said. “We support many other businesses, including farmers and purveyors. It’s in everybody’s interest to have independent restaurants survive.”

The Boston Herald
Saturday, September 5, 2020
Nearly one in five Massachusetts restaurants have permanently closed


Having taken in $1.992 billion in tax revenue in August, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported Friday, a potentially promising sign given predictions that receipts could collapse this fiscal year.

Of the $1.992 billion collected last month, all but $13 million will go towards fiscal year 2021. Counting the $1.979 billion that will be recorded in FY 2021, August collections were $7 million less than the August 2019 collections, DOR said. But through two months of FY 2021, DOR said it has collected roughly $4.135 billion, which is $124 million or 3.1 percent more than it had collected during the same period of fiscal 2020....

In late July, revenue officials said incomplete revenue collections for the fiscal year that ended June 30 totaled $27.276 billion, which was $3.014 billion or 9.9 percent below what budget managers were expecting when they crafted the $43.3 billion state budget in early 2019. DOR collected $2.293 billion of fiscal year 2020 revenue in July, plugging some of that gap and potentially reducing the shortfall to roughly $721 million for FY 20. With another $13 million coming from August collections, the shortfall could be reduced to around $708 million.

The state has $3.5 billion stashed away in its rainy day fund that could be used to address budget shortfalls in fiscal year 2020 and beyond, and Beacon Hill has borrowing options at its disposal to address the unusual circumstances. State Treasury officials told the News Service that they have already repaid the $500 million they drew from a $1.75 billion line of credit they established with banks to help with cash flow.

State House News Service
Friday, September 4, 2020
State Tax Collections Continue to Rebound
Running Ahead of FY 2020 After Steep Decline in Spring


Friday, Sept. 11, 2020

BAKER EXECUTIVE ORDER LAWSUIT: The state's highest court hears oral arguments in a lawsuit over whether Gov. Charlie Baker's executive orders during the pandemic have overstepped his legal authority. Lawyers with the New Civil Liberties Alliance filed the case on behalf of local plaintiffs arguing that the Civil Defense Act cited by the administration does not cover pandemics and that local authorities should have driven response to the public health crisis.

Attorney General Maura Healey defended the governor's actions as within the authority of that act. The proceedings will be livestreamed online.

State. Republican state Rep. Shawn Dooley on Wednesday filed an amicus brief in support of the lawsuit, joining with the plaintiffs against the governor from his party. (Friday, 9 a.m., John Adams Courthouse, Courtroom One, Pemberton Square, Boston)

State House News Service
Friday, September 4, 2020
Advances - Week of Sept. 6, 2020


With votes still being counted in the Fourth Congressional District, Secretary of State William Galvin has asked Suffolk Superior Court to explicitly authorize local clerks to continue counting mail-in and other ballots received before the polls closed on Tuesday, but which still have not been tallied.

Galvin said that due to the volume of mail-in ballots and, in some case, their last-minute arrival, not all ballots received by the 8 p.m. deadline on Tuesday have been counted. The secretary, however, said that state law lacks procedures for counting ballots after the day of the election.

Widespread mail-in voting is new to Massachusetts this year, put in place as a result of the COVID-19 pandemic to encourage safe participation in the elections.

State House News Service
Wednesday, September 2, 2020
Galvin Seeks Judicial Clearance to Count Ballots After Primary Day


Last October, state Sen. Eric Lesser said the decision to schedule this year's primary elections before Labor Day was like "crossing a Rubicon," and not in a good way.

The Longmeadow Democrat worried that the election would coincide with vacations, parents prepping for back-to-school and moving day. It would be, he said, the most "chaotic" day of the year....

The COVID-19 pandemic was not on the radar that day when Lesser was pushing for a Sept. 8 primary, but it irrevocably changed the 2020 elections, and maybe all elections moving forward. And it wasn't all bad. Sure, candidates were locked up in their homes for months, and even when they did emerge, they couldn't engage with voters in ways they normally might.

But participation wound up being high, with over 30 percent of registered voters taking part and setting a record for raw votes with over 1.5 million ballots cast either early, in person or on election day, or by mail through a reform that may be here to stay....

The Fourth Congressional District was the other big race to watch on Tuesday night ... and Wednesday night, and Thursday night.

The voting counting to determine the Democratic nominee for Kennedy's House seat dragged on for more than two days after the polls closed with Newton City Councilor Jake Auchincloss and Jesse Mermell, a former Deval Patrick advisor and progressive business group leader, locked in a too-close-to-call contest atop a nine-candidate field.

The delays stemmed from the new mail-in voting system that saw thousands of ballots arrive at some town halls on the day of the election, including some after 5 p.m. While those ballots were supposed to be transported to local precincts for counting, not all of the late-arriving ones made it. Note to all: this is a development that bears monitoring for the general election, when even more balloting is expected to be done via mail.

Secretary of State William Galvin would end up in court obtaining an order authorizing the count to continue, and on Thursday Newton, Wellesley and, lastly, Franklin wrapped up their ballot processing.

The count in Franklin lasted until after midnight early Friday morning, with Auchincloss eventually declared the winner. Mermell conceded without seeking a recount, but said the experience left her with concerns about the process that must be ironed out before November.

State House News Service
Friday, September 4, 2020
Weekly Roundup - Endgame


http://cltg.org/cltg/clt2020/images/USPS-Ballotbox.jpg

Come mid-November, don’t say we didn’t warn you. Democrats are confident that they’ll find the votes necessary to win this year’s presidential election — it’s just that they aren’t planning to find them on Election Day.

As Tim Pearce reports, “A Democratic analytics firm is warning that the results of the presidential election may swing wildly days after election night as an unprecedented number of mail-in and absentee ballots are counted.” ...

Pearce continues, quoting Hawkfish CEO Josh Mendelsohn, who explained his firm’s projections in terms of a “red mirage” on election night “showing an overwhelming victory for President Trump before Democratic nominee Joe Biden wins the election days later.”

“The reason we talk about a red mirage,” says Mendelsohn, “is in fact because we believe that on election night, we’re going to see Donald Trump in a stronger position than the reality actually is. We are sounding an alarm and saying that this is a very real possibility, that the data is going to show on election night an incredible victory for Donald Trump.”

This prediction shouldn’t surprise anyone, though. After all, it’s what Democrats do: They lose elections, then conjure up just enough votes in tightly contested races to overturn the unfavorable outcomes. (Ask former Minnesota Republican Senator Norm Coleman about his disastrous “Felons for Franken” experience in 2008.)

What’s surprising, though, is that the Democrats don’t usually don’t tip their fraudulent hand this far in advance....

The Patriot Post
September 2, 2020
Democrats Unveil Their Voter Fraud Plans
Joe Biden's party fully expects to win — just maybe not on election night.


A top Democratic operative says voter fraud, especially with mail-in ballots, is no myth. And he knows this because he’s been doing it, on a grand scale, for decades.

Mail-in ballots have become the latest flashpoint in the 2020 elections. While President Trump and the GOP warn of widespread manipulation of the absentee vote that will swell with COVID polling restrictions, many Democrats and their media allies have dismissed such concerns as unfounded.

But the political insider, who spoke on condition of anonymity because he fears prosecution, said fraud is more the rule than the exception. His dirty work has taken him through the weeds of municipal and federal elections in Paterson, Atlantic City, Camden, Newark, Hoboken and Hudson County and his fingerprints can be found in local legislative, mayoral and congressional races across the Garden State. Some of the biggest names and highest office holders in New Jersey have benefited from his tricks, according to campaign records The Post reviewed.

“An election that is swayed by 500 votes, 1,000 votes — it can make a difference,” the tipster said. “It could be enough to flip states.”

The whisteblower — whose identity, rap sheet and long history working as a consultant to various campaigns were confirmed by The Post — says he not only changed ballots himself over the years, but led teams of fraudsters and mentored at least 20 operatives in New Jersey, New York and Pennsylvania — a critical 2020 swing state....

A Bernie Sanders die-hard with no horse in the presidential race, he said he felt compelled to come forward in the hope that states would act now to fix the glaring security problems present in mail-in ballots.

“This is a real thing,” he said. “And there is going to be a f–king war coming November 3rd over this stuff … If they knew how the sausage was made, they could fix it.”

Mail-in voting can be complicated — tough enough that 84,000 New Yorkers had their mailed votes thrown out in the June 23 Democratic presidential primary for incorrectly filling them out.

But for political pros, they’re a piece of cake. . . . That’s when the election-rigger springs into action.

The New York Post
Saturday, August 29, 2020
Confessions of a voter fraud: I was a master at fixing mail-in ballots


Gov. Charlie Baker activated the National Guard over the weekend at the request of municipal officials who sought backup resources if planned demonstrations grew larger than what local police could handle, he told reporters Tuesday.

Baker, who did not offer a detailed explanation when he activated 1,000 Guardsmen on Friday, said during his first public appearance since last week that city and town leaders flagged event pages on social media and inquired about assistance from the state.

An Executive Office of Public Safety and Security spokesperson referenced "potential large scale demonstrations" late Monday night when Baker deactivated the guard.

The governor did not explicitly describe any of the reported weekend events. Local news reports covered demonstrations against police violence and against the state's new mandate for all K-12 students to receive flu shots.

State House News Service
Tuesday, September 1, 2020
Baker Says Local Officials Requested Guard as Backup


Chip Ford's CLT Commentary

On August 27 columnist Cynthia Stead wrote in The Cape Cod Times ("Work isn’t done for citizens watchdog group"):

The founder of Citizens for Limited Taxation, Barbara Anderson, passed away in 2016.  We lost Chip Faulkner, the public face of the organization and decades-long ringmaster of the conservative Friday Morning Group, last year.  Some assumed that the organization would end as well.

But their work isn’t finished.

Chip Ford, Executive Director of Citizens for Limited Taxation, sent out an alert on S-2813, the Senate Transportation Bond Bill, regarding its Section 5 – “Local and Regional Transportation Initiatives.”  Like most legislation, it is composed of technical language to discourage any close reading. . . .

As Chip Ford writes, this Section 5 is a solution in search of a problem. For 40-odd years, municipal budgets have been held to a 2½% increase annually.  If there is an expenditure beyond that which the voters in the town think worth pursuing, they can vote to increase beyond the limit, either temporarily with a debt exclusion where feasible or through a permanent override.  If the voters approve the project, it will get the votes and the funding.  But how much easier it might be to increase without having the voters so directly involved, as they might say no. . . .

Nobody will remember two years from now, especially if you’ve already been reelected a dozen times, until the business taxes go up with no clear explanation of why.  Visit cltg.org and see what other interesting nets are being cast toward our pocketbooks, and support them if you can.

We have too few watchdogs in government and too many yipping Pomeranians.  Citizens for Limited Taxation is still growling for us all.

The stealth assault on Proposition 2½ remains hung-up in the Transportation Bond Bill conference committee.  You can still contact the committee members and encourage each to strip Section 5 from the bill before returning it to the full Legislature.  A serious tax policy change does not belong in a bond bill, and a sneak attack on our and the voters' Prop 2½ is both unnecessary and ill-advised.

The Transportation Climate Initiative (TCI) — which would empower the governor to unilaterally increase the tax on gas and diesel fuel by decree, without legislative oversight — is still sitting in the Climate Change Conference Committee.  You can read more about it at "Critics warn of cost of climate change bills".

You should contact them as well, tell them to drop TCI from the bill.  It there is to be a gas tax hike it should be done by our elected representatives state representatives and senators in the Legislature.  Not by an arrogant edict of The Royal Governor.  Here are the six members of the Climate Change Conference Committee who are deciding its fate and your future:

Following Tuesday's statewide primary election the State House News Service reported on Wednesday, "All but one of the 18 House incumbents on the primary ballot Tuesday successfully fended off challenges, including 11 who are either committee chairs or serve in Speaker Robert DeLeo's leadership team."  In the state Senate only Sen. James Welch, the Senate chair of the Financial Services Committee from West Springfield, was defeated by another Democrat, Springfield City Councilor Adam Gomez.

The Boston Herald's Joe Battenfeld noted:  "At the State House, just two Democratic incumbents lost their seats, and one of those, Rep. David Nangle, is facing federal bank fraud charges."  That's a pretty common way for Bay State legislators to leave their lifetime sinecures while still vertical one of the very few.

The Democrat ticket for legislative and U.S. congressional seats on the November ballot changed virtually nothing all the same players intend to retake their seats in January.  If you are fortunate enough to have a Republican candidate and an actual choice on your ballot you might want to give them your vote, just to make the Legislature and congressional delegation even just a little bit "diverse."  Otherwise you will be encouraging state legislators, U.S. congressmen and women, and a U.S. Senator to continue business-as-usual with your stamp of approval.  I expect you already know that but thought I'd point it out.


On Tuesday The Boston Herald reported ("Report: August job growth puts Boston among top cities in nation"):

Boston had the second-highest month-over-month growth in job openings in the nation in August, part of a slight uptick in openings nationally, according to a new report.

Boston had 120,519 job openings, a 7.6% increase over July, but down 22.8% over the same period last year, according to Glassdoor, one of the world’s largest job and recruiting websites.

The growth last month was second only to that of Chicago, which had 168,575 job openings, up 9.4% from July, but 18% lower than last August, the report said....

“The most recent data from the U.S. Bureau of Labor Statistics said that Massachusetts had the highest unemployment rate in the nation, so the fact that there are employers seeking to fill positions is a very good sign,” said Greg Sullivan, research director at the Pioneer Institute, a public-policy think tank in Boston. “This shows Massachusetts is starting to climb out of the economic collapse.” ...

“It’s a reflection of both how deep the economic hole is that we’re in and also the improvement that comes from states and businesses reopening,” said Daniel Zhao, senior economist at Glassdoor.

The Boston Herald reported on Wednesday ("State starts to disburse extra $300 weekly unemployment payments"):

Some Massachusetts residents this week will start to receive the extra $300 in weekly unemployment benefits, according to officials in the Bay State, home to the country’s highest unemployment rate amid the coronavirus crisis.

The Massachusetts Department of Unemployment Assistance has begun disbursing the additional benefits to Pandemic Unemployment Assistance claimants, who received benefits starting Wednesday.

Payments are expected to land in claimant accounts by Saturday, according to the state’s Executive Office of Labor and Workforce Development.

Claimants through the standard unemployment assistance program are expected to receive the extra money by Sept. 15.

The boosted unemployment will total $900. The grant will fund an extra $300 weekly payment for those eligible for the three weeks ending Aug. 1, 8 and 15....

The Bay State has applied for a fourth week of extra benefits. The state — through the Massachusetts Emergency Management Agency, in coordination with the Department of Unemployment Assistance — has applied to the Federal Emergency Management Agency for the week of Aug. 22.

Massachusetts had the nation’s highest unemployment rate in July at 16.1%, according to a U.S. Bureau of Labor Statistics report.

Then on Saturday The Herald reported:  ("Nearly one in five Massachusetts restaurants have permanently closed"):

Nearly one-fifth of Bay State restaurants have permanently closed due to the coronavirus pandemic, according to the Massachusetts Restaurant Association, and others wonder whether they will survive the fall and winter.

Out of approximately 16,000 statewide, 3,400 have closed their doors for good, said Bob Luz, the association’s president and CEO. The rest now offer customers curbside delivery, indoor dining or dining alfresco.

“Not surprisingly, outdoor seating has become very popular” among customers concerned with contracting the virus, Luz said.

But even restaurants that have the space to offer outdoor dining worry about what the future holds for them once the weather grows cold.

Despite all that miserable economic news, under Baker's now six-month-old lockdown somehow the state is still raking in revenue.  On Friday, September 4 the State House News Service reported ("State Tax Collections Continue to Rebound"):

Having taken in $1.992 billion in tax revenue in August, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported Friday, a potentially promising sign given predictions that receipts could collapse this fiscal year.

Of the $1.992 billion collected last month, all but $13 million will go towards fiscal year 2021. Counting the $1.979 billion that will be recorded in FY 2021, August collections were $7 million less than the August 2019 collections, DOR said. But through two months of FY 2021, DOR said it has collected roughly $4.135 billion, which is $124 million or 3.1 percent more than it had collected during the same period of fiscal 2020....

The state has $3.5 billion stashed away in its rainy day fund that could be used to address budget shortfalls in fiscal year 2020 and beyond, and Beacon Hill has borrowing options at its disposal to address the unusual circumstances. State Treasury officials told the News Service that they have already repaid the $500 million they drew from a $1.75 billion line of credit they established with banks to help with cash flow.


The lawsuit before the state Supreme Judicial Court challenging His Royal Majesty Charles Baker's decrees from the throne will go forward, though the state (through state Attorney General Maura Healey's office) attempted to get the court to cavalierly dismiss it out-of-hand.  In its Advances for the coming week the State House News Service reported:

BAKER EXECUTIVE ORDER LAWSUIT: The state's highest court hears oral arguments in a lawsuit over whether Gov. Charlie Baker's executive orders during the pandemic have overstepped his legal authority. Lawyers with the New Civil Liberties Alliance filed the case on behalf of local plaintiffs arguing that the Civil Defense Act cited by the administration does not cover pandemics and that local authorities should have driven response to the public health crisis.

Attorney General Maura Healey defended the governor's actions as within the authority of that act. The proceedings will be livestreamed online.

State. Republican state Rep. Shawn Dooley on Wednesday filed an amicus brief in support of the lawsuit, joining with the plaintiffs against the governor from his party. (Friday, 9 a.m., John Adams Courthouse, Courtroom One, Pemberton Square, Boston)

On his Facebook page state Rep. Shawn Dooley explained why he filed his amicus brief with the court against the governor of his own party:

Maybe not the most exciting read - but here is my amicus brief that I filed today with the Supreme Judicial Court on the subject of Executive Branch overreach.

This is the first time I’ve taken on something like this, and while I might not win, I still think it is important to speak up and take a stand before it is too late.  Maybe this time the overreach is ok, and maybe the next time, but sooner or later we are going to wake up and realize our voices have been silenced and the checks and balances are only found in the history books.

Maybe it isn’t the most popular position, but I took an oath to defend the Constitution and I’m not going to ignore the public’s trust for political expediency.

One of those life lessons where it was way more work and substantially more complex than I anticipated when the SJC asked for an amicus brief.  I’m married to a lawyer and I’ve spent a life time watching lawyers on tv - I’ve got this... wrong!

I must thank one of my best friends who happens to be one of the smartest people I know (right after CiCi) - John Sten - who took all of my thoughts, ideas, and random musings and crafted it into a coherent legal argument and filed it on my behalf.  If it wasn’t for him this would have never happened and I can’t thank him and his firm (Armstrong Teasdale - one of the largest law firms in the United States) for taking this on and going above and beyond.

Well, if you are having trouble falling asleep - here you go,,, sorry - couldn’t get Facebook to attach it and formatting doesn’t work that well on a post - but hopefully you can muddle through. If you want a clean copy, let me know and I will email it over.

Have a great night and thank you for all of your support.

COMMONWEALTH OF MASSACHUSETTS
SJC-12983
Supreme Judicial Court
DAWN DESROSIERS, and DAWN DESROSIERS D/B/A HAIR 4 YOU, et al., Plaintiff-Petitioners,
v.
CHARLES D. BAKER, JR., in his official capacity as the Governor of the Commonwealth of Massachusetts, Defendant-Respondent.
ON RESERVATION AND REPORT FROM THE SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY . . .

That's pretty amazing, and awe-inspiring considering the state of politics and level of self-dealing and corruption these days — that even one elected official remembers he took an honest-to-God oath of office to preserve and protect the state and federal constitutions and laws.  "Maybe it isn’t the most popular position," he wrote, "but I took an oath to defend the Constitution and I’m not going to ignore the public’s trust for political expediency."  Shawn Dooley is a rare man on Beacon Hill, one among a dying if not outright extinct breed.


http://cltg.org/cltg/clt2020/images/USPS-Ballotbox.jpg

The day after Tuesday's primary election the winner of the Democrat primary in the 4th Congressional District to replace Joe-Joe-Joe Kennedy had still not been determined.  The winner wasn't finally declared until early Friday morning.  According to the State House News Service, "Mermell conceded without seeking a recount, but said the experience left her with concerns about the process that must be ironed out before November."

The News Service reported on Wednesday ("Galvin Seeks Judicial Clearance to Count Ballots After Primary Day"):

With votes still being counted in the Fourth Congressional District, Secretary of State William Galvin has asked Suffolk Superior Court to explicitly authorize local clerks to continue counting mail-in and other ballots received before the polls closed on Tuesday, but which still have not been tallied.

Galvin said that due to the volume of mail-in ballots and, in some case, their last-minute arrival, not all ballots received by the 8 p.m. deadline on Tuesday have been counted. The secretary, however, said that state law lacks procedures for counting ballots after the day of the election.

Widespread mail-in voting is new to Massachusetts this year, put in place as a result of the COVID-19 pandemic to encourage safe participation in the elections.

That was one election in one congressional district and mail-in ballots created considerable chaos.  In just one congressional district of 435 congressional districts nationwide.

What is going to happen come November 3 with a national mail-in ballot election?  Do you even really want to know?  It's very concerning to me and should be to everyone, with the potential to became even a scary disaster.

A September 2 column in The Patriot Post ("Democrats Unveil Their Voter Fraud Plans; Joe Biden's party fully expects to win — just maybe not on election night") presents the mapped-out game plan:

Come mid-November, don’t say we didn’t warn you. Democrats are confident that they’ll find the votes necessary to win this year’s presidential election — it’s just that they aren’t planning to find them on Election Day.

As Tim Pearce reports, “A Democratic analytics firm is warning that the results of the presidential election may swing wildly days after election night as an unprecedented number of mail-in and absentee ballots are counted.” ...

Pearce continues, quoting Hawkfish CEO Josh Mendelsohn, who explained his firm’s projections in terms of a “red mirage” on election night “showing an overwhelming victory for President Trump before Democratic nominee Joe Biden wins the election days later.”

“The reason we talk about a red mirage,” says Mendelsohn, “is in fact because we believe that on election night, we’re going to see Donald Trump in a stronger position than the reality actually is. We are sounding an alarm and saying that this is a very real possibility, that the data is going to show on election night an incredible victory for Donald Trump.”

This prediction shouldn’t surprise anyone, though. After all, it’s what Democrats do: They lose elections, then conjure up just enough votes in tightly contested races to overturn the unfavorable outcomes. (Ask former Minnesota Republican Senator Norm Coleman about his disastrous “Felons for Franken” experience in 2008.)

What’s surprising, though, is that the Democrats don’t usually don’t tip their fraudulent hand this far in advance.

Just a few days before (August 29), The New York Post ran an extensive exposé, "Confessions of a voter fraud: I was a master at fixing mail-in ballots," which reported (excerpts):

A top Democratic operative says voter fraud, especially with mail-in ballots, is no myth. And he knows this because he’s been doing it, on a grand scale, for decades.

Mail-in ballots have become the latest flashpoint in the 2020 elections. While President Trump and the GOP warn of widespread manipulation of the absentee vote that will swell with COVID polling restrictions, many Democrats and their media allies have dismissed such concerns as unfounded.

But the political insider, who spoke on condition of anonymity because he fears prosecution, said fraud is more the rule than the exception. His dirty work has taken him through the weeds of municipal and federal elections in Paterson, Atlantic City, Camden, Newark, Hoboken and Hudson County and his fingerprints can be found in local legislative, mayoral and congressional races across the Garden State. Some of the biggest names and highest office holders in New Jersey have benefited from his tricks, according to campaign records The Post reviewed.

“An election that is swayed by 500 votes, 1,000 votes — it can make a difference,” the tipster said. “It could be enough to flip states.”

The whisteblower — whose identity, rap sheet and long history working as a consultant to various campaigns were confirmed by The Post — says he not only changed ballots himself over the years, but led teams of fraudsters and mentored at least 20 operatives in New Jersey, New York and Pennsylvania — a critical 2020 swing state....

A Bernie Sanders die-hard with no horse in the presidential race, he said he felt compelled to come forward in the hope that states would act now to fix the glaring security problems present in mail-in ballots.

“This is a real thing,” he said. “And there is going to be a f–king war coming November 3rd over this stuff … If they knew how the sausage was made, they could fix it.”

Mail-in voting can be complicated — tough enough that 84,000 New Yorkers had their mailed votes thrown out in the June 23 Democratic presidential primary for incorrectly filling them out.

But for political pros, they’re a piece of cake. . . . That’s when the election-rigger springs into action.

We've getting a preview of the direction this upcoming election will likely take — and it will be "unprecedented," to use the tired and worn-out cliché, like so much else we've been living through.  It's not going to be pretty — in fact I expect it to get ugly.  Very ugly.


Adding to the concern and chaos, the News Service reported on Tuesday ("Baker Says Local Officials Requested Guard as Backup"):

Gov. Charlie Baker activated the National Guard over the weekend at the request of municipal officials who sought backup resources if planned demonstrations grew larger than what local police could handle, he told reporters Tuesday.

Baker, who did not offer a detailed explanation when he activated 1,000 Guardsmen on Friday, said during his first public appearance since last week that city and town leaders flagged event pages on social media and inquired about assistance from the state.

An Executive Office of Public Safety and Security spokesperson referenced "potential large scale demonstrations" late Monday night when Baker deactivated the guard.

The governor did not explicitly describe any of the reported weekend events. Local news reports covered demonstrations against police violence and against the state's new mandate for all K-12 students to receive flu shots.

I hope Gov. Baker keeps those National Guard troops on standby alert and ready for rapid response through the November election and beyond.  I expect they will be needed as tensions escalate and especially when neither side accepts the result of the presidential election — if there ever is a credible result.

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

The Cape Cod Times
Thursday, August 27, 2020
Work isn’t done for citizens watchdog group
By Cynthia Stead

The founder of Citizens for Limited Taxation, Barbara Anderson, passed away in 2016. We lost Chip Faulkner, the public face of the organization and decades-long ringmaster of the conservative Friday Morning Group, last year. Some assumed that the organization would end as well.

But their work isn’t finished.

Chip Ford, Executive Director of Citizens for Limited Taxation, sent out an alert on S-2813, the Senate Transportation Bond Bill, regarding its Section 5 – “Local and Regional Transportation Initiatives.” Like most legislation, it is composed of technical language to discourage any close reading.

“Notwithstanding Ch. 59, 60A, 62, or 64H or any other general or special law to the contrary, the governing body of a city or town may vote to accept this chapter authorizing a surcharge on a single subject of taxation. A governing body that intends to accept the chapter 23 of 61 shall determine a single subject of taxation to be levied and the amount and rate of the surcharge on the single subject of taxation prior to approval by the voters. If the identified single subject of taxation is a real or personal property excise, the amount of the surcharge shall not be included in a calculation of total taxes assessed for the purposes of section 21c of chapter 59.”

I ask you, what could be clearer than that?

But here is what it means, despite the oddity of a tax law change being buried in a bond bill.

Section 5 would allow additional municipal taxation outside the limits of Proposition 2½ provided the funds are for “transportation projects,” which could be roads, bridges, bike or pedestrian paths, design or construction of mass transit projects or “other transportation related projects,” like the pretty street lights near the rotary at the Hyannis Community Center that the Massachusetts Department of Transportation Highway Division refused to fully reimburse. Right now, such projects are funded in the annual town budget. Capital expenses – meaning construction, not repair – also receive annual Chapter 90 road funds from the state to be spent at the town’s discretion. We often see Prop. 2½ overrides for large road projects, or debt exclusions, which are different in that once the extra funds are paid down the increase doesn’t stay on the tax rate.

It is where these extra taxes can be raised that has extra relevance for the Cape. The taxes municipalities will be permitted to raise outside and beyond 2½% include ”(local) sales, real or personal property, room occupancy, or vehicle taxes.” Those taxes are so indirect. It’s not like it is on the property tax bill that goes to every homeowner. Real and personal property is paid by businesses on the value of their equipment or renters on the value of their furniture. Room occupancy is paid by tourists. Ironically, motor vehicle excise is probably the least regressive of taxes. You may struggle to keep up and pay taxes on a million dollar family house you inherited, but you aren’t likely to purchase a Rolls Royce SUV unless you really can afford it. It’s tempting to allow larger automatic tax hikes on taxes you may not have to pay yourself. As the saying goes, “Don’t tax you, Don’t tax me, Tax that man behind the tree!”

As Chip Ford writes, this Section 5 is a solution in search of a problem. For 40-odd years, municipal budgets have been held to a 2½% increase annually. If there is an expenditure beyond that which the voters in the town think worth pursuing, they can vote to increase beyond the limit, either temporarily with a debt exclusion where feasible or through a permanent override. If the voters approve the project, it will get the votes and the funding. But how much easier it might be to increase without having the voters so directly involved, as they might say no.

A bond bill of hundreds of pages is released on a Friday, with amendments due on Monday. An amendment to remove the section failed 32-8, which is significant as it means four Democrats joined four Republican senators in opposition, but it remained in the bill. It is in the hands of a conference committee, which usually would have had a limited amount of time to report the bill out. But instead of ending sessions in June, they will now end in December, so there need not be a vote taken until everybody is safely reelected.

Nobody will remember two years from now, especially if you’ve already been reelected a dozen times, until the business taxes go up with no clear explanation of why. Visit cltg.org and see what other interesting nets are being cast toward our pocketbooks, and support them if you can.

We have too few watchdogs in government and too many yipping Pomeranians. Citizens for Limited Taxation is still growling for us all.


State House News Service
Wednesday, September 2, 2020
Except Nangle, Leadership So Far Remains Intact
By Katie Lannan


All but one of the 18 House incumbents on the primary ballot Tuesday successfully fended off challenges, including 11 who are either committee chairs or serve in Speaker Robert DeLeo's leadership team.

Representatives who won their primaries included Second Assistant Majority Leader Paul Donato, a Medford Democrat who frequently presides over House sessions, Housing Committee Co-Chair Kevin Honan of Boston, Cannabis Policy Committee Co-Chair David Rogers of Cambridge, Revenue Committee Co-Chair Mark Cusack of Braintree, Election Laws Committee Co-Chair John Lawn of Watertown, State Administration and Regulatory Oversight Committee Co-Chair Danielle Gregoire of Marlborough, Public Committee Co-Chair Jerald Parisella of Beverly, Financial Services Committee Co-Chair James Murphy of Weymouth, House Personnel and Administration Committee Chair Frank Moran of Lawrence, House Rules Committee Chair William Galvin of Canton, and House Post Audit and Oversight Committee Chair David Linsky of Natick. Of those, Honan, Donato, Rogers, Moran, Lawn and Galvin were effectively reelected, with no challengers on the general election ballot.

The only House lawmaker to lose their seat in a primary was Lowell Democrat David Nangle, who was defeated by Vanna Howard. Nangle started this session with a leadership post as division chair, and stepped down from that position and his seats on the House Ethics and Rules committees in the wake of his February arrest on federal charges connected to bank fraud and misuse of campaign funds, to which he has pleaded not guilty.

Rep. Nicholas Boldyga of Southwick, the only GOP lawmaker in either branch with a primary contest, also won his race. He'll square off with Democrat Kerri O'Connor in November.

In the Senate, where every Democrat holds a chairmanship or leadership post, Financial Services Committee Co-Chair James Welch of West Springfield was the only incumbent to lose Tuesday.


The Boston Herald
Wednesday, September 2, 2020
Voters stick with same, tired old pols in non-change election
By Joe Battenfeld


This is supposed to be the big change election?

Up and down the ballot on Tuesday, nearly all incumbent lawmakers swept to victory in their primary contests as Massachusetts voters rejected fresh-faced challengers like U.S. Rep. Joseph P. Kennedy III.

At the State House, just two Democratic incumbents lost their seats, and one of those, Rep. David Nangle, is facing federal bank fraud charges.

House Speaker Robert DeLeo’s leadership team won all their contested races except for Nangle, so there will be no change in how the Legislature is run.

And for those looking for change in the Massachusetts congressional delegation, forget it.

Incumbents U.S. Sen. Edward Markey, U.S. Rep. Richard Neal, U.S. Rep. Stephen Lynch and U.S. Rep. Seth Moulton all held onto their seats, trouncing their challengers.

Thirty-year-old Holyoke Mayor Alex Morse, who was the most formidable challenger in the House races, did not come close to unseating Neal, the powerful House Ways and Means chairman. It was not the only disappointing loss for progressives on Tuesday.

In the 4th Congressional District, JoeK3’s turf, two young Democrats, Newton City Councilor and war veteran Jake Auchincloss, and former Deval Patrick aide Jesse Mermell, were battling in a neck-and-neck race — though Auchincloss held a more than 1,000 vote lead.

If that lead holds, it would be a bitter disappointment for progressives, who opposed the war veteran and former Republican Auchincloss.

The Kennedy race may have been the most puzzling because voters so resoundingly rejected his message for “fresh” and “new” leadership — code words for “I’m younger.” And Markey may also have benefited from a visceral dislike of Kennedy’s vanity campaign. The Newton Democrat could never really articulate a reason for why he decided to try and oust fellow Democrat Markey.

The fact that the 74-year-old Markey has been in Congress for more than four decades didn’t seem to matter to voters — a major miscalculation by the Kennedy campaign.

The Malden Democrat, who hired veteran strategist John Walsh to run his campaign, successfully remade himself as an outsider and middle class street fighter. His ubiquitous pair of old, white Nike sneakers — that he never wore until he got in the campaign — may have been the equivalent of Scott Brown’s old pickup truck that helped remake his image in his stunning Senate victory over Democrat Martha Coakley.

Markey assembled an impressive coalition of younger voters and progressive environmentalists that helped fuel his victory, and the endorsement from U.S. Rep. Alexandria Ocasio-Cortez didn’t hurt, either.

AOC helped Markey connect with a new generation of votes that probably never heard of the longtime senator until Kennedy challenged him.

Suffolk University pollster David Paleologos, who correctly called the Markey race, said he believes it’s very difficult in Massachusetts for white, male challengers to unseat older white, male incumbents.

And while some voters do want change, “people are opting for a steady hand, in many cases someone who has experience, can pass legislation, write bills and make things happen”, Paleologos said.


The Boston Herald
Tuesday, September 1, 2020
Report: August job growth puts Boston among top cities in nation
Openings signal start to recovery, economists say
By Marie Szaniszlo


Boston had the second-highest month-over-month growth in job openings in the nation in August, part of a slight uptick in openings nationally, according to a new report.

Boston had 120,519 job openings, a 7.6% increase over July, but down 22.8% over the same period last year, according to Glassdoor, one of the world’s largest job and recruiting websites.

The growth last month was second only to that of Chicago, which had 168,575 job openings, up 9.4% from July, but 18% lower than last August, the report said.

“The most recent data from the U.S. Bureau of Labor Statistics said that Massachusetts had the highest unemployment rate in the nation, so the fact that there are employers seeking to fill positions is a very good sign,” said Greg Sullivan, research director at the Pioneer Institute, a public-policy think tank in Boston. “This shows Massachusetts is starting to climb out of the economic collapse.”

Jay Zagorsky, an economist at Boston University’s Questrom School of Business, said part of Boston’s steep rebound is the reopening of the metro area’s many colleges.

“But while the snap back is doing quite well, I don’t think it will reach the peaks we were at nine months ago,” Zagorsky said.

Nationally, job openings improved slowly in August, rising 2% month-over-month to 4.97 million, but they are still 18% below pre-pandemic levels, showing there is still a long road ahead for the economic recovery.

“It’s a reflection of both how deep the economic hole is that we’re in and also the improvement that comes from states and businesses reopening,” said Daniel Zhao, senior economist at Glassdoor.


The Boston Herald
Wednesday, September 2, 2020
State starts to disburse extra $300 weekly unemployment payments
The retroactive boosted unemployment benefits will total $900
By Rick Sobey


Some Massachusetts residents this week will start to receive the extra $300 in weekly unemployment benefits, according to officials in the Bay State, home to the country’s highest unemployment rate amid the coronavirus crisis.

The Massachusetts Department of Unemployment Assistance has begun disbursing the additional benefits to Pandemic Unemployment Assistance claimants, who received benefits starting Wednesday.

Payments are expected to land in claimant accounts by Saturday, according to the state’s Executive Office of Labor and Workforce Development.

Claimants through the standard unemployment assistance program are expected to receive the extra money by Sept. 15.

The boosted unemployment will total $900. The grant will fund an extra $300 weekly payment for those eligible for the three weeks ending Aug. 1, 8 and 15.

“The Massachusetts Department of Unemployment Assistance continues to work on the technology and business requirements necessary for this program and anticipates being able to quickly deliver retroactive funds to all eligible claimants in the coming weeks,” the Executive Office of Labor and Workforce Development said in a statement. “Most eligible claimants currently receiving benefits do not need to take any action because the Commonwealth will automatically add LWA to their weekly benefit payment retroactive to the dates specified in the grant.”

The Bay State has applied for a fourth week of extra benefits. The state — through the Massachusetts Emergency Management Agency, in coordination with the Department of Unemployment Assistance — has applied to the Federal Emergency Management Agency for the week of Aug. 22.

Massachusetts had the nation’s highest unemployment rate in July at 16.1%, according to a U.S. Bureau of Labor Statistics report.

Bay State unemployment was down from 17.4% in June but still far above July’s national unemployment rate of 10.2%.


The Boston Herald
Saturday, September 5, 2020
Nearly one in five Massachusetts restaurants have permanently closed
By Marie Szaniszlo


Nearly one-fifth of Bay State restaurants have permanently closed due to the coronavirus pandemic, according to the Massachusetts Restaurant Association, and others wonder whether they will survive the fall and winter.

Out of approximately 16,000 statewide, 3,400 have closed their doors for good, said Bob Luz, the association’s president and CEO. The rest now offer customers curbside delivery, indoor dining or dining alfresco.

“Not surprisingly, outdoor seating has become very popular” among customers concerned with contracting the virus, Luz said.

But even restaurants that have the space to offer outdoor dining worry about what the future holds for them once the weather grows cold.

Owners are preparing for the fall by buying outdoor heaters and tents, he said. But the state is allowing outdoor dining only until the end of November.

“Some guests will not choose to come inside,” he said. “Takeout will become even more popular.”

Boston has been particularly hard hit, Luz said, because many people in the suburbs continue to work from home and are not coming into the city.

“It’s a very challenging time and a very precarious future for restaurants across the city, state and country,” Luz said. “We are in the unusual position of having to beg the state and federal government for help, whereas restaurants are usually the most philanthropic industry out there.”

Donato Frattaroli’s North End eatery, Il Molo, has remained closed indefinitely since earlier this year because the state has not yet allowed bars to reopen, and Il Molo’s bar made up about 20% of the restaurant’s capacity. Frattaroli had to lay off his staff, although he was able to give some the option of working at his other restaurant, Victory Point in Quincy.

There, roughly 40% of business relied on the bar, so Frattaroli had to get creative, installing high-top tables around the bar and making use of his outdoor seating. But with social distancing, he has to use fewer tables.

So within the last three weeks, he’s opened a take-out pizza shop and an ice cream store at Victory Point to help pay his bills, and keep his staff of 60 employed and, hopefully, see him through the fall and winter, he said.

Tony Maws said Craigie Burger, the Fenway restaurant he was a partner in, closed in March, and his other restaurant, Craigie on Main in Cambridge, has been selling food to go. Two weeks ago, he opened Craigie Next Door, an outdoor eatery in a former parking lot.

“We’re operating at 30 percent of our normal volume,” said Maws, co-founder of Massachusetts Restaurants United. “Fall’s around the corner, outdoor dining will disappear, our PPP (Paycheck Protection Program loan) will run out, and independent restaurants will die.”

Ultimately, he said, that will be a loss not only for owners like him and the employees they will have to lay off, but for everyone.

“Independent restaurants are the flavor and personality of your main streets,” Maws said. “We support many other businesses, including farmers and purveyors. It’s in everybody’s interest to have independent restaurants survive.”


State House News Service
Friday, September 4, 2020
State Tax Collections Continue to Rebound
Running Ahead of FY 2020 After Steep Decline in Spring
By Colin A. Young


Having taken in $1.992 billion in tax revenue in August, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported Friday, a potentially promising sign given predictions that receipts could collapse this fiscal year.

Of the $1.992 billion collected last month, all but $13 million will go towards fiscal year 2021. Counting the $1.979 billion that will be recorded in FY 2021, August collections were $7 million less than the August 2019 collections, DOR said. But through two months of FY 2021, DOR said it has collected roughly $4.135 billion, which is $124 million or 3.1 percent more than it had collected during the same period of fiscal 2020.

"Revenues for the month of August were mainly driven by withholding, part of which is attributed to withholding on unemployment insurance benefits, as well as the regular sales tax. These increases were offset by decreases in non-withheld income tax, meals tax, corporate and business taxes, and 'All Other' tax," Revenue Commissioner Geoffrey Snyder said. "August year-to-date total collections were also impacted by corporate and business tax payments attributable to returns due in April, following the waiver of late filing and payment penalties until July 15 for such returns. DOR will continue to monitor revenue collections closely."

State officials, citing estimates provided while the pandemic has unfolded, have estimated that fiscal 2021 tax collections could fall anywhere fromm $2 billion to $8 billion below fiscal 2020 levels.

It is unclear how August's actual collections compare to the expectations of state budget managers in the administration and Legislature. After a December hearing, administration and legislative officials agreed to a projection of $31.15 billion in fiscal 2021 tax revenue, but that outlook has not been officially revised and DOR has not shared its benchmarks for monthly revenue collections.

DOR said that August is "one of the smaller months for revenue collection" because few individual or business taxpayers make significant estimated payments during the month. August has typically provided about 6.7 percent of the state's annual revenue, though DOR said this August "is different from previous years because of the impact of COVID-19 on tax bases and because revenues collected in this month include deferred payments on personal income tax and corporate excise payments, but exclude some regular sales, meals and room occupancy taxes which are postponed to September."

Friday's revenue report from DOR should provide some clarity for Baker administration officials and legislative leaders involved in managing the state's finances. It comes while Massachusetts has the worst unemployment rate in the nation (16.1 percent) for a second month running.

In late July, revenue officials said incomplete revenue collections for the fiscal year that ended June 30 totaled $27.276 billion, which was $3.014 billion or 9.9 percent below what budget managers were expecting when they crafted the $43.3 billion state budget in early 2019. DOR collected $2.293 billion of fiscal year 2020 revenue in July, plugging some of that gap and potentially reducing the shortfall to roughly $721 million for FY 20. With another $13 million coming from August collections, the shortfall could be reduced to around $708 million.

The state has $3.5 billion stashed away in its rainy day fund that could be used to address budget shortfalls in fiscal year 2020 and beyond, and Beacon Hill has borrowing options at its disposal to address the unusual circumstances. State Treasury officials told the News Service that they have already repaid the $500 million they drew from a $1.75 billion line of credit they established with banks to help with cash flow.

Massachusetts is also without a plan for the fiscal year 2021 budget, which typically would be in place by now. Instead, the state is running on a $16.53 billion interim budget that will keep state government operating through at least the end of October. Lawmakers and administration budget officials have said they need to know what, if any, relief the federal government is going to provide to states before they can craft a budget for the rest of fiscal year 2021.

Michael P. Norton contributed to this report.


State House News Service
Friday, September 4, 2020
Advances - Week of Sept. 6, 2020


Lawmakers made clear in August that Massachusetts can wait a little longer for solutions to social justice and policing, climate change, health care, transportation, housing, and the state's highest-in-the-nation jobless rate. The elections - that's a different story. Since recessing formal sessions on July 31, most legislators have been on break or focusing on primary races.

Now, Secretary of State William Galvin is hustling to get the Nov. 3 general election ballot together and out to overseas voters to comply with federal deadlines. Many lawmakers will spend the next eight weeks campaigning for themselves or their colleagues or engaging in the race for the White House between President Trump and Joe Biden.

The state on Thursday hits the six-month anniversary of life under a pandemic state of emergency and Friday marks the 19th anniversary of another event that changed the course of life here and around the world - the Sept. 11 terrorist attacks on the United States.

As students and families warily prepare to blend a new academic year into their pandemic life schedules, a major undertaking complicated by distressing conditions in the child care industry, House Speaker Robert DeLeo and Senate President Karen Spilka have given no indication of when they will call lawmakers back to Beacon Hill to deal with the major issues before five conference committees or a months-late fiscal 2021 budget.

The twice-weekly informal session routine is on tap again next week. The unofficial official line from legislative leaders is that six-member conference committees are working hard and making progress, but since meetings or other communications between the negotiators are not public, there's no way to know for sure what's happening, or how hard and often lawmakers are working on the bills....

Both branches resume informal sessions at 11 a.m. [Tuesday]. The branches have tended to local bills and sick leave banks during brief, twice-weekly sessions since July 31, when they voted to extend formal sessions to keep alive major bills dealing with climate change, policing, economic development, transportation and health care....

Massachusetts workers eligible for at least $100 in weekly unemployment benefits should soon see an additional $300 per week deposited in their accounts. The state qualified for a grant in the federal Lost Wages Supplemental Payment Assistance program for three weeks -- ending Aug. 1, Aug. 8 and Aug. 15 -- and disbursement of payments began this week. State labor officials say that the payments are expected in claimant accounts by Saturday, Sept. 5 for those in the Pandemic Unemployment Assistance program and by Sept. 15 for those in the standard unemployment insurance program....

Friday, Sept. 11, 2020

BAKER EXECUTIVE ORDER LAWSUIT: The state's highest court hears oral arguments in a lawsuit over whether Gov. Charlie Baker's executive orders during the pandemic have overstepped his legal authority. Lawyers with the New Civil Liberties Alliance filed the case on behalf of local plaintiffs arguing that the Civil Defense Act cited by the administration does not cover pandemics and that local authorities should have driven response to the public health crisis.

Attorney General Maura Healey defended the governor's actions as within the authority of that act. The proceedings will be livestreamed online.

State. Republican state Rep. Shawn Dooley on Wednesday filed an amicus brief in support of the lawsuit, joining with the plaintiffs against the governor from his party. (Friday, 9 a.m., John Adams Courthouse, Courtroom One, Pemberton Square, Boston)


State House News Service
Wednesday, September 2, 2020
Galvin Seeks Judicial Clearance to Count Ballots After Primary Day
By Matt Murphy


With votes still being counted in the Fourth Congressional District, Secretary of State William Galvin has asked Suffolk Superior Court to explicitly authorize local clerks to continue counting mail-in and other ballots received before the polls closed on Tuesday, but which still have not been tallied.

Galvin said that due to the volume of mail-in ballots and, in some case, their last-minute arrival, not all ballots received by the 8 p.m. deadline on Tuesday have been counted. The secretary, however, said that state law lacks procedures for counting ballots after the day of the election.

Widespread mail-in voting is new to Massachusetts this year, put in place as a result of the COVID-19 pandemic to encourage safe participation in the elections.

"On Election Day, there are strict procedures in place to make sure that ballots are counted in public view, where anyone may observe the process. It is important that we preserve that same level of transparency for ballots counted after Election Day," Galvin said in a statement Wednesday afternoon.

Galvin's office said it had reached out to the leading Democratic candidates in the Fourth Congressional District to inform them about what he was doing.

With over 96 percent of the vote record, Newton City Councilor Jake Auchincloss appeared to be holding on to a slim 1,506-vote lead over his closest competitor Jesse Mermell, a progressive one-time Brookline selectwoman and former head of the Alliance for Business Leadership.

Newton was one of the communities where late-arriving ballots were still being counted on Wednesday morning.

Unofficial results posted online showed Mermell with a 934-vote lead on Auchincloss in the city west of Boston, but City Clerk David Olsen told the News Service that overseas and mail-in ballots that arrived late Tuesday, but before the 8 p.m. deadline, were still being counted.

Olsen said he didn't know exactly how many ballots had not been tallied, but was it was "not many."

"We are getting there," Olsen said, just before 11 a.m.

Earlier in the day, Mermell's campaign manager Katie Prisco-Buxbaum wrote a letter to city and town clerks asking their offices to publicly share the status of their ballot count.

"We are pleased to see the actions being taken by clerks and Secretary of State Galvin to secure and count all the votes in this race. This is exactly in line with the concerns our campaign raised earlier today," Prisco-Buxbaum said. "Given the unprecedented nature of this election process, we believe it is incumbent on all communities to be clear about how many ballots are outstanding, including ballots that arrived as polls closed, so that we can have the utmost confidence in the end result."

It's unclear how long it might take for a judge to consider Galvin's request.


State House News Service
Friday, September 4, 2020
Weekly Roundup - Endgame
Recap and analysis of the week in state government
By Matt Murphy


Last October, state Sen. Eric Lesser said the decision to schedule this year's primary elections before Labor Day was like "crossing a Rubicon," and not in a good way.

The Longmeadow Democrat worried that the election would coincide with vacations, parents prepping for back-to-school and moving day. It would be, he said, the most "chaotic" day of the year.

Well, here we are, on the doorstep of the holiday weekend with the primary elections, finally, in the rearview mirror and it turned out Lesser was correct, only in ways he probably never imagined.

The COVID-19 pandemic was not on the radar that day when Lesser was pushing for a Sept. 8 primary, but it irrevocably changed the 2020 elections, and maybe all elections moving forward. And it wasn't all bad. Sure, candidates were locked up in their homes for months, and even when they did emerge, they couldn't engage with voters in ways they normally might.

But participation wound up being high, with over 30 percent of registered voters taking part and setting a record for raw votes with over 1.5 million ballots cast either early, in person or on election day, or by mail through a reform that may be here to stay.

Also likely here to stay? Ed Markey.

You might have heard already, but Markey, the state's junior U.S. senator, defeated a Kennedy for the first time in Massachusetts. Oh, who are we kidding? Of course, you heard.

Thousands of keystrokes were used this week by local and national journalists to explain how U.S. Rep. Joseph Kennedy III, the 39-year-old heir to the Kennedy political dynasty, lost to a septuagenarian who, by some accounts, spends more time in Chevy Chase, Maryland than in Malden.

Just how Markey transformed himself from something of an afterthought in a delegation dotted with stars over the years to the hip grandfatherly figure with youth street cred and the sneakers to match could probably be taught in political science classes.

A race that looked from the outset to be about generational change wound up being just that. It's just that the generations did not side with the candidates election pundits thought they would.

Markey won with the help of New York Congresswoman Alexandria Ocasio-Cortez, young voters, and educated urbanites in Boston and its surrounding progressive cities and towns, while Kennedy performed strongest on his own turf - the Fourth Congressional District - and blue collar cities like Lowell, Lawrence, Springfield and Worcester.

Once a rising star, Kennedy is out of politics, for now. But things can change quickly.

Markey got his opening to join the Senate in a special election after President Barack Obama tapped John Kerry for his Cabinet. Kennedy, or any number of Massachusetts pols, could find themselves looking at a similar opportunity in January.

The AOC coalition that propelled Markey past Kennedy did not have a similar influence in the First Congressional District where U.S. Rep. Richard Neal rather handily beat back a challenge from progressive Holyoke Mayor Alex Morse.

Neal described himself on election night as someone who has delivered jobs and redevelopment for his district and will keep on delivering as the chair of the influential Ways and Means Committee. But even in defeat, Morse was still kicking, suggesting Neal remains someone beholden to special interests.

The Fourth Congressional District was the other big race to watch on Tuesday night ... and Wednesday night, and Thursday night.

The voting counting to determine the Democratic nominee for Kennedy's House seat dragged on for more than two days after the polls closed with Newton City Councilor Jake Auchincloss and Jesse Mermell, a former Deval Patrick advisor and progressive business group leader, locked in a too-close-to-call contest atop a nine-candidate field.

The delays stemmed from the new mail-in voting system that saw thousands of ballots arrive at some town halls on the day of the election, including some after 5 p.m. While those ballots were supposed to be transported to local precincts for counting, not all of the late-arriving ones made it. Note to all: this is a development that bears monitoring for the general election, when even more balloting is expected to be done via mail.

Secretary of State William Galvin would end up in court obtaining an order authorizing the count to continue, and on Thursday Newton, Wellesley and, lastly, Franklin wrapped up their ballot processing.

The count in Franklin lasted until after midnight early Friday morning, with Auchincloss eventually declared the winner. Mermell conceded without seeking a recount, but said the experience left her with concerns about the process that must be ironed out before November.

Mermell also told backers of a ranked-choice ballot question this fall that she would gladly become the face of their campaign after she lost a rare open race for Congress to someone who earned less than a quarter of the district's support.

While incumbents fared well on the federal side of the ledger, two incumbent Democrats in the state Legislature were swept out.

One of those lawmakers was Lowell Rep. David Nangle, who had been a member of the Speaker Robert DeLeo's leadership team until he was indicted in February on federal fraud charges. Nangle has pleaded not guilty, but lost a three way primary won by Vanna Howard, a Cambodian refugee from Lowell who once worked as an aide to former U.S. Rep. Niki Tsongas.

Sen. James Welch, the Senate chair of the Financial Services Committee from West Springfield, was the other incumbent to fall, losing to Springfield City Councilor Adam Gomez.

Other legislators, including Medford Rep. Paul Donato and Boston Rep. Kevin Honan, survived challenges from their left.

So there are the poll results in a nutshell. But it only felt like election news was the only news this week.

U.S. Attorney Andrew Lelling charged nine Boston police officers in what he described as a years-long overtime fraud scheme, and parents and teachers on both sides of the debate continued to go back-and-forth over the safety of returning to school in the coming weeks.

The Department of Revenue also announced that even after crediting late income tax payments in August back to fiscal 2020, state collections are shockingly ahead of the first two months of last year by 3.1 percent, giving hope that predictions of a $6 billion collapse may have been overblown.

Gov. Charlie Baker announced that field teams will be swarming Chelsea, Everett, Lawrence, Lynn and Revere this weekend as part of an education outreach campaign to help those hotspots get control of COVID-19 spread.

While key indices continue to show Massachusetts doing well in its fight against the pandemic, problem areas persist. The pandemic also continues to claim the lives of people and institutions, with several well-known Boston bars and restaurants on Bolyston Street saying this week they would not be reopening.

"It stinks," Baker said, speaking for just about everyone.

STORY OF THE WEEK: Whether the Kennedy dynasty is over, or on pause, remains to be seen. But this round went to Ed Markey.


The Patriot Post
September 2, 2020
Democrats Unveil Their Voter Fraud Plans
Joe Biden's party fully expects to win — just maybe not on election night.
By Douglas Andrews
[Website]

http://cltg.org/cltg/clt2020/images/USPS-Ballotbox.jpg

Come mid-November, don’t say we didn’t warn you. Democrats are confident that they’ll find the votes necessary to win this year’s presidential election — it’s just that they aren’t planning to find them on Election Day.

As Tim Pearce reports, “A Democratic analytics firm is warning that the results of the presidential election may swing wildly days after election night as an unprecedented number of mail-in and absentee ballots are counted.”

And where might that “unprecedented number of mail-in and absentee ballots” be found? We’d guess in the Democrat strongholds of Philadelphia, Detroit, and Milwaukee, which just happen to be the notoriously corrupt urban centers in the three “Blue Wall” states Donald Trump flipped in 2016. If Democrats want to drag Joe Biden across the finish line on November 3, they know that returning these three states to the Democrat column is essential. (Florida’s voter-rich Miami-Dade and Broward Counties are two other areas to watch for electoral malfeasance.)

Pearce continues, quoting Hawkfish CEO Josh Mendelsohn, who explained his firm’s projections in terms of a “red mirage” on election night “showing an overwhelming victory for President Trump before Democratic nominee Joe Biden wins the election days later.”

“The reason we talk about a red mirage,” says Mendelsohn, “is in fact because we believe that on election night, we’re going to see Donald Trump in a stronger position than the reality actually is. We are sounding an alarm and saying that this is a very real possibility, that the data is going to show on election night an incredible victory for Donald Trump.”

This prediction shouldn’t surprise anyone, though. After all, it’s what Democrats do: They lose elections, then conjure up just enough votes in tightly contested races to overturn the unfavorable outcomes. (Ask former Minnesota Republican Senator Norm Coleman about his disastrous “Felons for Franken” experience in 2008.)

What’s surprising, though, is that the Democrats don’t usually don’t tip their fraudulent hand this far in advance. In fact, disgraced former MSNBC talkinghead and Philly native Chris Matthews used to brag about his hometown’s uncanny knack for finding just enough ballots at the last second to put Pennsylvania’s 20 electoral votes into the Democrat column. “How many do you need?” he’d laugh.

Hilarious, right? And as this New York Times chart gleefully points out, ballots will be mailed directly to 44 million voters in nine states plus Washington, DC, while absentee voting will be allowed for 118 million voters in 34 other states. That’s a lot of ballots that won’t be cast in the tried-and-true voting booth. (To give that combined number some perspective, it’s *24 million more votes* than were cast in all of the 2016 presidential election.) Suffice it to say: Trump-deranged Democrats will have opportunities for electoral fraud like never before.

Mendelsohn goes on to warn of an election-night scenario in which Trump declares victory only to have it snatched away in the following days. And Mendelsohn poisons the well by preemptively branding Trump as a sore loser: “Any change from that result on election night, [Trump] is signaling they will say means fraud.”

“You’re then setting up the American presidency for even more failure,” Mendelsohn continues. “Even if you ultimately get to the end result, which is that Joe Biden would be president of the United States … you would find yourself in this deeply polarized situation where a real portion of the American electorate feels that injustice was done.”

On this score, Mendelsohn is exactly right. But Democrats will have no one to blame but themselves. After all, they’re the ones who are rigging the game.


The New York Post
Saturday, August 29, 2020
Confessions of a voter fraud: I was a master at fixing mail-in ballots
By Jon Levine
[Website]


A top Democratic operative says voter fraud, especially with mail-in ballots, is no myth. And he knows this because he’s been doing it, on a grand scale, for decades.

Mail-in ballots have become the latest flashpoint in the 2020 elections. While President Trump and the GOP warn of widespread manipulation of the absentee vote that will swell with COVID polling restrictions, many Democrats and their media allies have dismissed such concerns as unfounded.

But the political insider, who spoke on condition of anonymity because he fears prosecution, said fraud is more the rule than the exception. His dirty work has taken him through the weeds of municipal and federal elections in Paterson, Atlantic City, Camden, Newark, Hoboken and Hudson County and his fingerprints can be found in local legislative, mayoral and congressional races across the Garden State. Some of the biggest names and highest office holders in New Jersey have benefited from his tricks, according to campaign records The Post reviewed.

“An election that is swayed by 500 votes, 1,000 votes — it can make a difference,” the tipster said. “It could be enough to flip states.”

The whisteblower — whose identity, rap sheet and long history working as a consultant to various campaigns were confirmed by The Post — says he not only changed ballots himself over the years, but led teams of fraudsters and mentored at least 20 operatives in New Jersey, New York and Pennsylvania — a critical 2020 swing state.

“There is no race in New Jersey — from city council to United States Senate — that we haven’t worked on,” the tipster said. “I worked on a fire commissioner’s race in Burlington County. The smaller the race, the easier it is to do.”

A Bernie Sanders die-hard with no horse in the presidential race, he said he felt compelled to come forward in the hope that states would act now to fix the glaring security problems present in mail-in ballots.

“This is a real thing,” he said. “And there is going to be a f–king war coming November 3rd over this stuff … If they knew how the sausage was made, they could fix it.”

Mail-in voting can be complicated — tough enough that 84,000 New Yorkers had their mailed votes thrown out in the June 23 Democratic presidential primary for incorrectly filling them out.

But for political pros, they’re a piece of cake. In New Jersey, for example, it begins with a blank mail-in ballot delivered to a registered voter in a large envelope. Inside the packet is a return envelope, a “certificate of mail in voter” which the voter must sign, and the ballot itself.

That’s when the election-rigger springs into action.

Phony ballots

The ballot has no specific security features — like a stamp or a watermark — so the insider said he would just make his own ballots.

“I just put [the ballot] through the copy machine and it comes out the same way,” the insider said.

But the return envelopes are “more secure than the ballot. You could never recreate the envelope,” he said. So they had to be collected from real voters.

He would have his operatives fan out, going house to house, convincing voters to let them mail completed ballots on their behalf as a public service. The fraudster and his minions would then take the sealed envelopes home and hold them over boiling water.

“You have to steam it to loosen the glue,” said the insider.

He then would remove the real ballot, place the counterfeit ballot inside the signed certificate, and reseal the envelope.

“Five minutes per ballot tops,” said the insider.

The insider said he took care not to stuff the fake ballots into just a few public mailboxes, but sprinkle them around town. That way he avoided the attention that foiled a sloppy voter-fraud operation in a Paterson, NJ, city council race this year, where 900 ballots were found in just three mailboxes.

“If they had spread them in all different mailboxes, nothing would have happened,” the insider said.

Inside jobs

The tipster said sometimes postal employees are in on the scam.

“You have a postman who is a rabid anti-Trump guy and he’s working in Bedminster or some Republican stronghold … He can take those [filled-out] ballots, and knowing 95% are going to a Republican, he can just throw those in the garbage.”

In some cases, mail carriers were members of his “work crew,” and would sift ballots from the mail and hand them over to the operative.

In 2017, more than 500 mail-in ballots in New York City never arrived to the Board of Elections for races that November — leaving hundreds disenfranchised. They eventually were discovered in April 2018. “For some undetermined reason, some baskets of mail that were bound to the New York City Board of Elections were put off to the side at the Brooklyn processing facility,” city elections boss Michael Ryan said at the time of discovery.

Nursing homes

Hitting up assisted-living facilities and “helping” the elderly fill out their absentee ballots was a gold mine of votes, the insider said.

“There are nursing homes where the nurse is actually a paid operative. And they go room by room by room to these old people who still want to feel like they’re relevant,” said the whistleblower. “[They] literally fill it out for them.”

The insider pointed to former Jersey City Mayor Gerald McCann, who was sued in 2007 after a razor-thin victory for a local school board seat for allegedly tricking “incompetent … and ill” residents of nursing homes into casting ballots for him. McCann denied it, though he did admit to assisting some nursing home residents with absentee ballot applications.

Voter impersonation

When all else failed, the insider would send operatives to vote live in polling stations, particularly in states like New Jersey and New York that do not require voter ID. Pennsylvania, also for the most part, does not.

The best targets were registered voters who routinely skip presidential or municipal elections — information which is publicly available.

“You fill out these index cards with that person’s name and district and you go around the city and say, ‘You’re going to be him, you’re going to be him,'” the insider said of how he dispatched his teams of dirty-tricksters.

At the polling place, the fake voter would sign in, “get on line and … vote,” the insider said. The impostors would simply recreate the signature that already appears in the voter roll as best they could. In the rare instance that a real voter had already signed in and cast a ballot, the impersonator would just chalk it up to an innocent mistake and bolt.

Bribing voters

The tipster said New Jersey homeless shelters offered a nearly inexhaustible pool of reliable — buyable — voters.

“They get to register where they live in and they go to the polls and vote,” he said, laughing at the roughly $174 per vote Mike Bloomberg spent to win his third mayoral term. He said he could have delivered the same result at a 70 percent discount — like when Frank “Pupie” Raia, a real estate developer and Hoboken nabob, was convicted last year on federal charges for paying low-income residents 50 bucks a pop to vote how he wanted during a 2013 municipal election.

Organizationally, the tipster said, his voter-fraud schemes in the Garden State and elsewhere resembled Mafia organizations, with a boss (usually the campaign manager) handing off the day-to-day managing of the mob soldiers to the underboss (him). The actual candidate was usually kept in the dark deliberately so they could maintain “plausible deniability.”

With mail-in ballots, partisans from both parties hash out and count ballots at the local board of elections — debating which ballots make the cut and which need to be thrown out because of irregularities.

The insider said any ballots offered up by him or his operation would come with a bent corner along the voter certificate — which contains the voter signature — so Democratic Board of Election counters would know the fix was in and not to object.

“It doesn’t stay bent, but you can tell it’s been bent,” the tipster said. “Until the [certificate] is approved, the ballot doesn’t matter. They don’t get to see the ballot unless they approve the [certificate.]”

“I invented bending corners,” the insider boasted, saying once the fixed ballots were mixed in with the normal ones, the bed was made. “Once a ballot is opened, it’s an anonymous ballot.”

While federal law warns of prison sentences of up to five years, busted voter frauds have seen far less punishment. While in 2018 a Texas woman was sentenced to five years, an Arizona man busted for voting twice in the mail was given just three years’ probation. A study by the conservative Heritage Foundation found more than 1,000 instances of documented voter fraud in the United States, almost all of which occurred over the last 20 years.

“There is nothing new about these techniques,” said Hans von Spakovsky, a senior legal fellow at Heritage who manages their election law reform initiative. “Everything he’s talking about is perfectly possible.“

The city Board of Elections declined to answer Post questions on ballot security.


State House News Service
Tuesday, September 1, 2020
Baker Says Local Officials Requested Guard as Backup
By Chris Lisinski


Gov. Charlie Baker activated the National Guard over the weekend at the request of municipal officials who sought backup resources if planned demonstrations grew larger than what local police could handle, he told reporters Tuesday.

Baker, who did not offer a detailed explanation when he activated 1,000 Guardsmen on Friday, said during his first public appearance since last week that city and town leaders flagged event pages on social media and inquired about assistance from the state.

An Executive Office of Public Safety and Security spokesperson referenced "potential large scale demonstrations" late Monday night when Baker deactivated the guard.

The governor did not explicitly describe any of the reported weekend events. Local news reports covered demonstrations against police violence and against the state's new mandate for all K-12 students to receive flu shots.

"There were somewhere between 45 and 50 events at one time or another that were posted on a variety of social media sites toward the end of last week," Baker said Tuesday at an event along the Green Line outside the Museum of Fine Arts. "Some of them had very big numbers in terms of the anticipated attendance, and we heard from a number of municipal officials who asked us if we would have people available to support them if those events turned out to be bigger than what they would be able to manage on their own, and we did what we always do, which is we put out a message that we were activating accordingly."

"(The Guard) then basically stayed in place unless and until we heard from local officials," he continued. "The great thing about this is: everybody came out, they did their thing. Their voices were heard, we didn't hear from any municipal officials and after we didn't hear from them, we deactivated (the Guard)."


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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