Laws governing local ballot measures in Massachusetts

Laws Governing Local Ballot Measures

State-by-State Laws Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

There are some Massachusetts cities which have access to an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Massachusetts. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Note that Massachusetts is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of five counties, 351 cities, towns, and villages, and 415 special districts. Nine counties—Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Suffolk, and Worcester—have been abolished and are classified as nonfunctioning legal entities.

School districts

See also: School bond and tax elections in Massachusetts

Bond elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
Property tax elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
See also
State comparisons How voting works Approval rates

School bond and tax elections in Massachusetts are not required under state law. All bond issues and funding requests for capital improvements are handled by the Massachusetts School Building Authority and the Massachusetts School Building Assistance Program.

Local recall rules

Recall of local elected officials in Massachusetts is available in some jurisdictions. The right of citizens to recall elected officials is believed to have been mentioned first in the Massachusetts Charter of 1691.

For additional detail, see: Laws governing recall in Massachusetts

A guide to local ballot initiatives

Initiative process availability

The local units of government in Massachusetts that make the initiative process available are:

• General law cities operating under government types A, B, C, D, E, and F as specified in Chapter 43 of Mass. General Laws have a state specified initiative and referendum process for ordinances. There are 25 such cities.
• Home rule charter cities and towns have a state mandated initiative process for charter amendments. There are 90 such municipalities.
• Charter counties have a state mandated initiative and referendum process. However, no county has yet become a charter county under the statutes mandating initiative and referendum. One county, Barnstable, has a charter that was a special act of the legislature and is not subject to the amendment process provided in state statutes. However, its charter provides a process for initiative and referendum for charter amendment.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Massachusetts Constitution
Preamble
Part the First:
Articles I - XXX
Part the Second:
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Articles of Amendment

Massachusetts Constitution Article LXXXIX provides for home rule charter adoption for cities and towns. A petition process is provided for charter adoption and revisions. A successful petition campaign leads to the creation of a charter commission and a subsequent vote on the proposed or revised charter.

“

Section 3. Procedure for Adoption or Revision of a Charter by a City or Town. - Every city and town shall have the power to adopt or revise a charter in the following manner: A petition for the adoption or revision of a charter shall be signed by at least fifteen per cent of the number of legal voters residing in such city or town at the preceding state election.

”

Statutes

Chapter 43 B, Section 3 of the Massachusetts General Laws also governs the petition process for home rule charter adoptions and revisions.

“

Section 3. The adoption of a charter for any city or town under sections two and three of Article LXXXIX of the Amendments to the Constitution and the revision of any charter so adopted shall be initiated by filing with the board of registrars of voters of the city or town a petition signed by at least fifteen per cent of the number of registered voters residing in said city or town at the preceding state election.

”

Chapter 43 B, Section 10 of the Massachusetts General Laws provides an initiative process for charter amendments. Unlike some other states, a successful petition campaign does not force a vote at the ballot. However, a public hearing must be held and the proposed amendment must be considered and voted upon by the city council or town meeting of the municipality.

Chapter 43, Sections 37 and 42 of the Massachusetts General Laws gives authority to general law cities with government types A, B, C, D, E, and F for the powers of initiative and referendum.

“

Section 37. A petition conforming to the requirements hereinafter provided and requesting the city council to pass a measure, except an order granted under section seventy or seventy-one of chapter one hundred and sixty-four or chapter one hundred and sixty-six, or requesting the school committee to pass a measure, therein set forth or designated, shall be termed an initiative petition, and shall be acted upon as hereinafter provided. In this and the eight following sections, “measure” shall mean an ordinance, resolution, order or vote passed by a city council, or a resolution, order or vote passed by a school committee, as the case may be.

”

“

Section 42. If, within twenty days after the final passage of any measure, except a revenue loan order, by the city council or by the school committee, a petition signed by registered voters of the city, equal in number to at least twelve percent of the total number of registered voters, and addressed to the city council or to the school committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the city clerk, the same shall thereupon and thereby be suspended from taking effect.

”

Initiative process features

The charter amendment process for Home rule charters is detailed in Chapter 43B of the Massachusetts General Laws.

The initiative and referendum process is available to all cities that have instituted government types A,B,C,D,E, or F. The process features are detailed in the Massachusetts General Laws Chapter 43, Section 37-44.

City Initiative Process   Subject matter restrictions Referendums cannot suspend revenue loan orders. (Mass. General Laws Ch. 43, Sec. 42) Process for approval as to form There is no process in Massachusetts for approval of a petition prior to circulation. The completed petition must be turned in to the city clerk. Circulators There are no explicit restrictions on circulators, but there is an implied restriction to registered voters of the municipality. Signatures required For initiatives: 8% of registered voters. For referendums: 12% of registered voters and the petition must be filed within 20 days of final passage of measure. Petition appearance and content Signatures to initiative petitions need not be all on one paper. The papers constituting a petition shall be filed with the endorsement thereon of the names and addresses of three persons designated as filing the same. Approval process for completed petition The approval process is indirect and the proposed ordinance may be passed unaltered within 20 days by the city council or else submitted to the electors. Scheduling and results of election If the initiative is signed by 15% of the qualified electors and the council does not pass the petition: then the city clerk shall call a special election for a Tuesday after 30 but within 45 days of the date of qualification. if a general election occurs within 90 days of qualification then the clerk may forego a special election in favor of a general election. If less than 15% but more than 8% sign and the council does not pass the petition: then the city clerk shall submit the petition to the voters at the next regular municipal election occurring at least 30 days after the date of qualification. When referendums are not rescinded by the council the city clerk shall submit the petition at the next general election unless the council calls for a special election. If the measure is approved by registered voters of the city equal in number to one third of the whole number thereof and also by a majority of the voters voting on such measure, it is passed into law. (Mass. General Laws Ch. 43, Sec. 39-42)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Public Policy Questions

In Massachusetts, voters may also initiate public policy questions (PPQs) for the voters in State Representative or Senate districts by collecting enough valid signatures. The question takes the following form:

“

Shall the (senator or representative) from this district be instructed to vote in favor of legislation (describe the legislation you wish to be enacted)?

”

If the question is approved by a majority of the electorate voting in the district, the question serves as instructions to the relevant legislator. The question is non-binding and advisory only, however. It serves simply to apprise the district's senator or representative what the will of his or her constituents is on a specific issue.

In order to place a PPQ on the ballot in a senatorial district, a minimum of 1,200 signatures are required from persons registered to vote within the district.

For a representative district, 200 signatures from registered voters are required.

Initiative process in the top 10 most populated cities

Individual city provisions   Boston Population as of the July, 2011 census update: 625,087 Boston has no initiative process. Worcester Population as of the July, 2011 census update: 181,631 Worcester is a charter city and has essentially the same initiative process for ordinances as that prescribed by the state with some minor changes. The subject matter of petitions is restricted from:(1)proceedings relating to the internal organization or operation of the city council or the school committee; (2)an emergency measure adopted in conformity with the charter; (3)the city budget or the school committee budget as a whole;(4) revenue loan orders; (5)any appropriation for the payment of the city's debt or debt service; (6)an appropriation of funds to implement a collective bargaining agreement; (7)proceedings relative to the election, appointment, removal, discharge, employment, promotion, transfer, demotion, or other personnel action; (8)any proceedings repealing or rescinding a measure or part thereof which is protested by referendum. Signatures are required from between 8%-15% of the total number of voters for initiative petitions. There were no circulation time restraints mentioned. There were no circulator requirements mentioned. The petitioners determine the format of the petition in accordance with the basic requirements found in the code. There was no pre-circulation approval process mentioned. After the petition has been approved, it goes to the legislature for passage and if it isn't passed but was signed by at least 15% then there is a special election. If there are signatures from at least 8% but less than 15% then the election is postponed until the next general election. For the measure to pass, 1/3 of the total number of voters and a simple majority of those who voted must approve the proposed ordinance. Springfield Population as of the July, 2011 census update: 153,155 Springfield is a general law city and has the state mandated initiative process for cities with government plan A, which can be found in the state law section above. Lowell Population as of the July, 2011 census update: 107,584 Lowell is a general law city and has the state mandated initiative process for cities with government plan E, which can be found in the state law section above. Cambridge Population as of the July, 2011 census update: 106,038 Cambridge is a general law city and has the state mandated initiative process for cities with government plan E, which can be found in the state law section above. New Bedford Population as of the July, 2011 census update: 95,183 New Bedford is a general law city and has the state mandated initiative process for cities with government plan B, which can be found in the state law section above. Brockton Population as of the July, 2011 census update: 94,316 Brockton is a general law city and has the state mandated initiative process for cities with government plan B, which can be found in the ctate law section above. Quincy Population as of the July, 2011 census update: 92,909 Quincy is a charter city and has an initiative process for ordinances similar to the state prescribed process. Referendums cannot be circulated regarding revenue loan orders. Signatures are required from between 8%-20% of the total number of voters for initiative petitions. There were no circulation time restraints mentioned. There were no circulator requirements mentioned. The petitioners determine the format of the petition in accordance with the basic requirements found in the city code. There is no pre-circulation approval process mentioned. If any initiative petition is signed by 20% of registered voters the city council shall either: 1. Pass said measure, or 2. shall call a special election to be held on a Tuesday fixed by it not less than thirty nor more than forty-five days after the date of the certificate; provided, that if any city election is otherwise to occur within ninety days after the date of said certificate, the city council may, at its discretion, omit calling the special election and submit the proposed measure to the voters at such approaching election. If the petition is signed by registered voters equal in number to at least 8% but less than 20% of the total number of registered voters, and it's not passed within 20 days by the city council or the school committee, it shall be submitted by the city council to a vote of the registered voters of the city at the next regular municipal election. For the measure to pass, 1/3 of the total number of voters and a simple majority of those who voted must approve the proposed ordinance. Lynn Population as of the July, 2011 census update: 91,040 Lynn is a charter city and has an initiative process for ordinances similar to the state prescribed process. The subject matter of the petitions is restricted from:(1)proceedings relating to the internal organization or operation of the city council or the school committee, (2) an emergency measure adopted in conformity with the charter, (3) the city budget or the school committee budget as a whole, (4) revenue loan orders, (5) any appropriation for the payment of the city’s debts and obligations, (6) appropriations of funds necessary to implement a written agreement executed under collective bargaining, (7) proceedings, or parts thereof, relating to the election, appointment, employment, suspension, transfer, demotion, removal or discharge of any officer or employee, (8) any proceedings repealing or rescinding a measure or part thereof, which is protested by referendum procedure, and (9) any procedure providing for the submission or referral of matter to the voters at an election. Signatures are required from 10% of the total number of voters for initiative petitions. There were no circulation time restraints mentioned. There were no circulator requirements mentioned. The petitioners determine the format of the petition in accordance with the basic requirements found in the code. There was no pre-circulation approval process mentioned. See section 7:10 e of the city charter for the petition approval and election scheduling process. Fall River Population as of the July, 2011 census update: 88,962 Fall River is a general law city and has the state mandated initiative process for cities with government plan A, which can be found in the state law section above.

External links

• Research document of Massachusetts local I&R laws
• Massachusetts league of cities