Should Legislation Be Passed Through the Ballot Box?

The Massachusetts Attorney General has just announced that 17 out of 30 proposed ballot initiatives have met the requirements to move forward in the ballot question process for 2022 and 2024 legislative cycles.

With ballot questions becoming more common in recent elections, Tenax Strategies took a deep dive into the history of legislating at the ballot box in Massachusetts, the advantages and disadvantages of this process, and trends in ballot initiatives.

History of Ballot Legislation in MA

In 1895, Massachusetts’ Populist Party adopted a resolution advocating for the creation of a statewide initiative and referendum process. Arguing that voters needed a method of direct democracy, this resolution kicked off a two-decade fight culminating in the 1917 State Constitutional Convention. 

By a vote of 163-125-30, conservative opposition to the initiative and referendum amendment was overcome—but at the cost of substantial compromises that still affect voters today. 

How to Get a Question on the Ballot in Massachusetts

To pose a ballot initiative to Massachusetts voters, there are a number of steps that must be completed.

Step 1: Petitions must be signed by at least 10 registered voters and submitted to the Attorney General’s Office in early August. Generally, initiative petitions are filed in odd-numbered years (2021, 2023, etc.) to allow more time for approval and campaigning. 

Step 2: If the Attorney General’s Office determines that the petition meets the State’s constitutional requirements, petitioners must go on to collect 80,239 signatures for certification 14 days before the first Wednesday in December. 

Step 3: The measure can then be sent to the legislature in January of the following year; should they take no action before May, the petitioner may gather another 13,374 signatures by July. 

Step 4: Once these requirements are met, the measure is placed on the ballot for the next statewide general election. 

Advantages and Disadvantages of Ballot Initiatives

In recent years, Massachusetts voters are likely to encounter a four-page ballot when they go to the polls. This is due to a rise in ballot questions that bring policy changes directly to the voters. Many voters are unaware that most, if not all, ballot questions they encounter have been pending legislation before the Massachusetts legislature for many years. 

Why do legislative matters evolve into ballot questions?

Many issue groups, concerned parties, or companies become frustrated by the legislative process. Therefore, they shift their efforts from legislation to ballot initiatives. In the past five years, Massachusetts voters have passed a variety of legislation through the ballot box. However, many initiatives have also failed in the court of public opinion or never even made it onto the ballot. 

There are both advantages and disadvantages to ballot questions in terms of the legislative process.

Advantages of Ballot Initiatives

Disadvantages of Ballot Initiatives

Trends On the Massachusetts Ballot

Historical data on the subject matter of ballot initiatives, analyzed from 1980 onward, indicates a growing trend towards substantive referenda that achieve policy objectives typically left to the legislature. 

Tenax Strategies analyzed 82 ballot initiatives to categorize the changes they proposed. We coded initiatives as either “Tax/Administrative,” indicating that the potential changes were either to the tax code or to administrative procedure, or “Broader Policy,” indicating changes to Massachusetts General Laws, the Constitution, or changes designed to achieve traditionally legislative goals.

Our analysis indicates that the number of Tax/Administrative initiatives proposed has steadily declined over the years, while the number of Broader Policy initiatives has remained relatively stable. However, when analyzing the proportion of each year’s initiatives by category, the trend becomes extremely clear. Ballot initiatives are increasingly being used as tools to affect broader policy change, such as legalizing marijuana. Tax and administrative changes, on the other hand, are falling out of style. 

The Final Word on MA Ballot Questions

Do ballot initiatives benefit the voters of Massachusetts? There’s not one right answer to the question. While ballot initiatives do give voters a more direct say in legislation, promoting these initiatives is a costly endeavor. While it may seem that ballot questions provide more equal access to legislative issues, the reality is that well-funded initiatives have a greater chance of success.

The Tenax Strategies team will be closely monitoring the 2022 ballot initiatives and will provide timely updates on the important issues as they happen.

If you’d like to discuss a potential ballot initiative or piece of legislation, contact us for a consultation with our public affairs experts.

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