This year, eight initiative petitions are likely headed to voters on the November ballot. The Legislature, which had a chance to approve the measures last month, opted not to approve any of them, requiring ballot committees to gather additional signatures this month.
Massachusetts voters have passed several major laws by initiative in past elections. A legalized marijuana, and a created a tax on millionaires.
But as the number of initiatives on the ballot has increased, lawmakers have grown frustrated with the system. House Speaker Ron Mariano and Senate President Karen Spilka in February, with Mariano describing it as 鈥渇raught with peril.鈥� And the Legislative committee tasked with voting on potential initiatives 鈥� some of which targeted the Legislature 鈥� held a series of in March.
Several elected officials and scholars have called for reform to the ballot measure process.
The Massachusetts Legislature is not the only state government critical of the initiative process. An increasing number of states have attempted to restrict the practice.
Still, direct democracy advocates ballot measures serve as a check and balance on representative government.
鈥淲e believe that representative government is one of the most fundamental, best ways to govern,鈥� said Dane Waters, founder of the Initiative and Referendum Institute. 鈥淏ut lawmakers, for whatever reason, whether through personal interest or conflict, sometimes just choose not to do things, and there needs to be a mechanism for the people to hold them accountable.鈥�
What is an initiative?
Ballot initiatives allow citizens to adopt laws or constitutional amendments, depending on the state. Massachusetts permits both.
The ballot measure process in the 1890s and early 1900s because the reformers believed state governments were controlled by moneyed special interests rather than the people.
In 1912, an gave women the right to vote. A 1996 California initiative . In 2012, Maine voters .
Initiative petitions can be , depending on the state. Direct initiatives are placed on the ballot without any legislative say. Indirect initiatives 鈥� Massachusetts鈥� approach 鈥� are first presented to the Legislature. The process of how a state legislature handles an indirect petition varies by state.
In every state with an initiative process, to qualify for the ballot, though the requirements vary by state.
Initiatives are distinct from referendums, which ask voters to accept or reject legislation recently adopted by the Legislature.
Which states allow initiatives?
Twenty-three states have some form of initiative process, the majority of which are in the West. According to Waters, many of these states entered the union during the Progressive Era and were 鈥渕ore prone to want to have that mechanism versus states that had been around since the founding of our nation.鈥�
Eastern states with initiative processes include Massachusetts, Florida and Maine, though those states tend to have more stringent processes.
, California had the most initiatives (396), followed by Oregon (379), with approval rates of 35% and 36%, respectively. Colorado (259), North Dakota (202) and Washington (192) follow.
鈥淚f you were to factor out California and Oregon, I think it would probably represent like 30% to 40% of all the initiative usage ever,鈥� Waters said.
He added that no state stands out as more likely to respond to ballot proposals with a legislative compromise.
鈥淚 respect representative government, but I seriously am hard pressed to find a single legislature that is supportive or sympathetic to the people using the process,鈥� Waters said.
New Bedford lawmakers support ballot measure process
Despite legislative leaders鈥� opposition, several New Bedford lawmakers told The Light they don鈥檛 view the ballot measure process as a threat.
Rep. Antonio F.D. Cabral, D-New Bedford, said ballot measures are a 鈥渦seful democratic barometer鈥� that informs the Legislature of residents鈥� priorities.
鈥淎t the core of our democracy is the belief that every resident deserves a meaningful voice in the decisions that shape their lives,鈥� Cabral said in a written statement. 鈥淭he ballot initiative process is an alternative avenue, alongside direct engagement between constituents and their elected officials, and stands as a valuable component of the democratic system in Massachusetts.鈥�
Rep. Christopher Hendricks, D-New Bedford, said the ballot measure process can 鈥渘udge the Legislature sometimes in the right direction, where it otherwise wouldn鈥檛 happen.鈥� He pointed to the which voters passed in 2022, creating an additional tax on millionaires.
Rep. Christopher Markey, D-Dartmouth, echoed this sentiment, using the that legalized marijuana as an example.
Hendricks and Markey both argued that some issues are too complex to be decided at the ballot box, including a proposal to , which the Supreme Judicial Court recently struck from the ballot.
鈥淚 think when you start to get into technical bills, where there鈥檚 a lot of issues, it鈥檚 really difficult for someone to understand the entire bill and understand the nuances that (lawmakers) get,鈥� Markey said. 鈥淲e get lots of meetings with people in special interest groups and advocacy groups so that we can learn the pluses and minuses of a particular bill in more detail.鈥�
Waters disputes this commonly used argument.
鈥淔or democracy to work, you have to have faith in the voters,鈥� he said. 鈥淚f you鈥檙e going to trust voters to choose among a candidate, then you have to have faith in them that they can choose among an issue.鈥�
Rep. Steven Ouellette, D-Westport, said that as long as a question is legal and constitutional, the Legislature should institute it. 鈥淯nless there鈥檚 some kind of legal issue argument, we are planning on going forward with what the people want,鈥� he said.
Rep. Mark Syvlia, D-Fairhaven, told The Light that the ballot measure process is 鈥渋mportant,鈥� but that he appreciates that the Legislature has a chance to weigh in on the questions.
鈥�(The Legislative review educates) the public about what a ballot question does and doesn鈥檛 do, and also identifies for the Legislature where there may be an opportunity to enact a potential ballot initiative that would be really beneficial,鈥� Sylvia said.
He said he believes that the Legislature didn鈥檛 approve any of the November questions because of their substance, not out of disdain for the initiative process.
Massachusetts鈥� approach
Massachusetts has one of the in the country.
begins with 10 petitioners who submit a proposed law or amendment to the attorney general for approval.
If the initiative is certified, petitioners must collect signatures equal to 3% of the total votes cast for governor at the last election 鈥� 74,574 signatures for the November 2026 election.
Massachusetts only allows indirect initiatives. If lawmakers don鈥檛 pass the initiative, petitioners must collect additional signatures 鈥� 0.5% of the gubernatorial votes, or 12,429, for the November election.
Initiatives for constitutional amendments require only one round of signatures, but must be approved by two consecutively elected legislatures.
Waters pointed to North Dakota 鈥� which has an indirect initiative process 鈥� as one of the easiest states to place a question on the ballot.
Massachusetts how many signatures can come from one county, but North Dakota has no distribution requirements.
According to Waters, signatures in North Dakota are presumed valid, but in Massachusetts, they .
Petitioners in North Dakota have to collect signatures 鈥� significantly more time than in Massachusetts, where petitioners have nine weeks to collect the first round of signatures and eight weeks in the second round.
Threats to the ballot measure process
Waters and other direct democracy advocates warn of growing threats to the ballot measure process.
鈥淭here鈥檚 been this full frontal attack in trying to make the process more difficult,鈥� Waters said, noting that many ballot measure requirements don鈥檛 apply to the legislative process.
A from the Ballot Initiative Strategy Center says states are 鈥渄eploying a shared and increasingly sophisticated playbook to limit voter power.鈥�
Several states have tried to the signature gathering process, restricting how and where petitioners can collect signatures.
Lawmakers in states including Arizona, Florida and North Dakota have adopted or proposed supermajority requirements for citizen-led initiatives 鈥� meaning at least 60% of voters must approve them.
Other states have adopted , which 鈥済rant courts and officials wide discretion,鈥� according to the report.
According to Waters, the threat to ballot measures stems from 鈥渁n inherent conflict between lawmakers and the people.鈥�
鈥淟awmakers typically 鈥� don鈥檛 like the people messing with them when they鈥檝e been elected to enact laws,鈥� he said.
In 2023, just months before Ohio voters were to decide on a measure to keep abortion legal in the state, legislators to try to raise the total signatures requirement, require signatures from each of the state鈥檚 counties, and raise the approval threshold to 60%. (Voters rejected the rule change, then approved the abortion-rights measure.)
After Nebraska and Missouri voters overwhelmingly passed paid sick leave initiatives in 2024, both state legislatures .
Critics call for reform
Lawmakers, scholars and the attorney general have called for various reforms to the state鈥檚 initiative process.
In March, the Massachusetts Senate seeking to limit paid signature gatherers, including a prohibition on paying workers based on the number of signatures collected.
Ten states prohibit ballot committees from using paid signature-gathering firms, and Sylvia said he would be open to Massachusetts doing the same after reviewing the practice鈥檚 impact.
鈥�(Paying signature gatherers) doesn鈥檛 feel democratic to me,鈥� he said.
Markey also said paid signature gatherers undermine the grassroots nature of the process, but Ouellette argued that it鈥檚 not a problem as long as it鈥檚 done legally.
鈥淲hen you need 1,000 or 10,000 signatures, that鈥檚 a lot of work,鈥� Ouellette said.
Waters of the Initiative and Referendum Institute shares Ouellette鈥檚 view.
鈥淲e pay Uber drivers, we pay people to pick up our laundry, we pay dog walkers 鈥� Why is it wrong to pay people to collect signatures?鈥� Waters said. 鈥淚t doesn鈥檛 matter who collects the signatures. The reality is, only Massachusetts voters get to vote on it.鈥�
Instead, Waters suggested other reforms to make the ballot measure process more accessible, including extending circulation periods and allowing digital signatures.
Criticism of Massachusetts鈥� initiative process 鈥� Article 48 in the state constitution 鈥� has intensified since a granted State Auditor Diana DiZoglio authority to audit the Legislature鈥檚 performance. Many experts and most lawmakers say the question violated the state constitution鈥檚 separation of powers.
Ballot measures can鈥檛 infringe on certain constitutional rights 鈥� such as freedom of speech 鈥� or involve . But the attorney general can鈥檛 weigh in on whether the questions propose laws that would violate the state constitution.
Instead, she it is in proper form, isn鈥檛 similar to initiatives from the past two elections, and adheres to subject matter regulations. Her office also writes a summary of the proposal, which appears on the ballot. Attorney General Andrea Campbell that the process should change to allow her office to analyze the proposal鈥檚 legality.
Sylvia shares this view, noting that petitioners would benefit from knowing earlier in the process whether their question is constitutional. He pointed to the unresolved question about the audit and to a proposal to reform legislative stipends, which the state鈥檚 Supreme Judicial Court .
The House, the Senate, or the governor can from the Supreme Judicial Court about a ballot proposal before it goes to voters.
In mid-June, the court , because the justices concluded that the attorney general鈥檚 summary of the initiative proposal was 鈥渟ignificantly misleading.鈥� Taxpayers for an Affordable Massachusetts, one of the supporters of the tax cut initiative, said afterward that it will consider 鈥渁dvocating for procedural reforms鈥� for ballot preparations.
Jerold Duquette 鈥� a political scientist who lives in Massachusetts and teaches at Central Connecticut State University 鈥� has also pushed for Article 48 reforms. However, he doesn鈥檛 advocate for eliminating the initiative process.
Since the audit question passed, Duquette and have argued that the state constitution should be amended to exclude ballot questions that concern constitutional provisions about legislative functioning and the separation of powers.
Duquette noted that ballot question committees are not solely at fault for the trouble with Article 48.
鈥淭he politicians, journalists, and newspaper editors who play along without giving sufficient critical attention to the constitutional questions raised by experts share blame with the sponsors of constitutionally questionable ballot measures,鈥� he said.
This year鈥檚 initiatives
This November, voters will likely consider eight initiative petitions on the ballot.
They include: 鈥� 鈥� 鈥� 鈥� 鈥� 鈥� 鈥� 鈥�
Their second-round signatures, which were due June 17, need to be certified by the Secretary of State in July. Legislative compromises could result in a ballot committee agreeing to withdraw a proposal before then.
Three other initiative questions were rejected from the ballot due to Supreme Judicial Court decisions: , an , and .
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