Massachusetts has several forms of direct democracy, allowing for initiative and referendums at the state level and in many municipalities. The recall of public officials is also provided for in many municipalities.
History
The progressive movement started discussions about adopting direct democracy across the United States, and Massachusetts developed a local branch. The state branch of the Populist Party adopted the statewide initiative and referendum in its 1895 platform. State representative Henry Stirling proposed some of the first legislation for direct democracy in 1900. It was eventually enacted in 1917 at the state constitutional convention.
State government
Initiatives The state allows an indirect form of initiative for laws and constitutional amendments, and the state is considered one of the most restrictive of the states that allow initiatives.
Excluded subjects Initiatives must be confined to one subject and cannot relate to judges and courts, relate only to specific municipalities of the state, relate to religion, make specific appropriations of money, or restrict the Declaration of Rights in the state constitution. The Office of the Attorney General of Massachusetts may do an informal review to ensure it passes these requirements.
Free petition
Massachusetts has a unique form of direct democracy in the free petition. This allows any person or group to file a bill in the state legislature, which are treated equally as a bill filed by a representative. The petition must be considered by the legislature and are submitted to a committee for public discussion, and may be voted on and enacted like any other piece of legislation.
In practice, this form of direct democracy is rarely successful in enacted new laws. In the 2015-2016 session there were at least 177 bills filed by private individuals in the state, with only four leaving committee for a floor vote and none being enacted.
Massachusetts is the only state in the country to allow citizens to file bills directly into the legislature.
Advisory questions The General Court may put a non binding public policy question on the ballot, and constituents may also hold a nonbinding vote to instruct a representative in the legislature how they should vote on laws. The General Court may also put amendments to the US constitution on the ballot, but they are only advisory
List of referendums
1631-1779 +Summary of Referendums 1631-1779Accepted11Rejected3Unknown1Total15 +YearResultDescription1639AcceptedApproval of the Body of Liberties1643AcceptedApproval of the Articles of the New England Confederation1644RejectedElection of deputies by countries instead of towns1644UnknownProviding compensation for magistrates and deputies1647RejectedReducing the number of deputies to one from each town.1689AcceptedResumption of the Charter revoked in 16841689AcceptedFurther consideration of the above question1765AcceptedCompensation for damages done by the mob in Boston1776AcceptedApproval of the Declaration of Independence1776AcceptedPermitting Council and the House of Representatives to frame a constitution.1777AcceptedInstructing Representative to act with Council in framing a constitution1778RejectedApproval of the Articles of Confederation of the United States1778RejectedRatification of the Constitution of 17781779AcceptedTo determine whether the people desire a new constitution1779AcceptedShall the representatives call a new constitutional convention?Source
1780 - 1907 Note any results before March 15, 1820 include the current state of Maine. OriginStatusMeasureDescription (Result of a "yes" vote)DateYesNoApprovedAdoption of the ConstitutionRatification of the Constitution.178012,0001,000FailedExpediency of Amending the ConstitutionCalling a constitutional convention1795, May 67,9998,325To abolish support, by the towns, of protestant ministers and required attendance upon the instructions of the clergyChanged the constitutional support of public worship and appointment of public teachers to include all Christian denominations, not just Protestant. Provided that all church taxes raised in the State may go to the denomination of one's choosing, instead of only to the Congregational Church. Also provided that no person may be imprisoned or brought to trial without an indictment by a Grand Jury.1820, Aug 21To change the political year and date of state electionMoved the start of the political year from the first Wednesday of May to the first Wednesday of January. All elected officials would start their yearly term starting on that date in January. The article also moved the date of the yearly state election to the second Monday of November from the first Monday of April.1821, Apr 9To forbid bills unsigned after adjournment of General Court to become lawsProvided that if the General Court adjourned before the deadline the Governor had to return a rejected bill, then the law would not be passed.1821, Apr 9To empower the legislature to grant city charters.Allowed the state to establish city forms of government for towns over 12,000 inhabitants. It provided for the legislature to draft laws to allow these cities to have different forms of governance than the traditional town meeting.1821, Apr 9To Change Method of electing Senators, Representatives, and Councillors1821, Apr 9To Abolish Property Qualifications for VotersEliminated almost all property and tax restrictions for voting, the exception being paupers. All male citizens over 21 who had resided in the state for one year were entitled to vote.1821, Apr 9To Authorize Appointment of Notaries Public by the GovernorProvided for the gubernatorial appointment of notaries public, the Commissary General, and vacancies for the Secretary and Treasurer.1821, Apr 9To Allow All Members of Militia to Vote for their Captains and SubalternsAllowed men serving in the militia, but under the age of 21, to vote for their company Captains and Subalterns the same as men over the age of 21.1821, Apr 9To Empower Governor to Remove Justices of the Peace and to Prohibit Referring Certain Questions to Supreme CourtAmended the process of removing judicial officers, including justices of the peace. Forbade the Governor and Legislature from soliciting the legal opinion of the Supreme Judicial Court.1821, Apr 9To Allow Overseers of Harvard College Free Choice in Election of Ministers of their BoardAllowed the positions reserved for ministers of churches on the Harvard Board of Overseers to be open to all christian denominations. Harvard at the time was publicly funded and prior to this amendment it selected board members from the congregational church.1821, Apr 9To Simplify the Oath of AllegienceAmended the oath of allegiance required for all public officials to hold office. It provided an exception for Quakers who refuse to swear oaths.1821, Apr 9To Require No Other Oath than that Allegience of Any Civil or Military OfficeSpecified that no other oath or declaration was required to hold public office except for the one provided for in the eleventh article.1821, Apr 9To Make Judges (except of Court of Sessions) and Officials of the United States (except Postmasters) Ineligible to State OfficeForbade state judges from holding any other state office. Forbade anyone holding a state office from holding a federal office other than postmaster.1821, Apr 9To Provide that Proposed Amendments of Constitution Must be Passed by Two Successive Legislatures before Submission to the PeopleChanged the process for amending the Constitution. It required a vote of one-half of Senators and two-thirds of Representatives to vote positively on an amendment in two consecutive sessions. It would then be presented to the voters for approval.1821, Apr 9Sources
2000- 2002 Massachusetts ballot measures 2004 Massachusetts ballot measures 2006 Massachusetts ballot measures 2008 Massachusetts ballot measures 2010 Massachusetts ballot measures 2012 Massachusetts ballot measures 2014 Massachusetts ballot measures 2016 Massachusetts ballot measures 2018 Massachusetts ballot measures 2020 Massachusetts ballot measures 2022 Massachusetts ballot measures 2024 Massachusetts ballot measures
See also Elections in Massachusetts Direct Democracy Initiatives and referendums in the United States
References
Further reading