Direct democracy in Massachusetts

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.{{Cite web|title=Massachusetts › Initiative & Referendum Institute|url=http://www.iandrinstitute.org/states/state.cfm?id=14|access-date=2020-07-06|website=www.iandrinstitute.org}}

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.{{Cite book|last=Massachusetts. Elections Division|url=https://archive.org/details/stateballotquest00mass|title=State ballot question petitions|date=1989|others=UMass Amherst Libraries}} 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.{{Cite web|title=The Legislative Process|url=https://www.massbar.org/advocacy/legislative-activities/the-legislative-process|access-date=2020-07-06|website=www.massbar.org}}{{Cite web|last=Staff|first=State Library|date=2016-07-18|title=State Library of Massachusetts: Massachusetts Citizens' Right to Free Petition|url=http://mastatelibrary.blogspot.com/2016/07/massachusetts-citizens-right-to-free.html|access-date=2020-07-06|website=State Library of Massachusetts}} 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.{{Cite book|last1=Bresler|first1=Kenneth|url=https://archive.org/details/citizensguidetod00bres|title=Citizen's guide to drafting legislation : a manual|last2=Massachusetts. Office of the Secretary of State|date=1995|others=UMass Amherst Libraries}}

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.{{Cite web|title= "THERE OUGHTA BE A LAW"-Massachusetts Offers Citizens the "Right of Free Petition" {{!}} The Somerville News Weekly|url=https://thesomervillenewsweekly.blog/2017/03/20/there-oughta-be-a-law-massachusetts-offers-citizens-the-right-of-free-petition/|access-date=2020-06-29|website=thesomervillenewsweekly.blog}}

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 =

class="wikitable"

! colspan="2" |Summary of Referendums 1631-1779

Accepted

|11

Rejected

Unknown

Total

|15

class="wikitable sortable" \|+ !Year !Result !Description
1639 \|Accepted \|Approval of the Body of Liberties
1643 \|Accepted \|Approval of the Articles of the New England Confederation
1644 \|Rejected \|Election of deputies by countries instead of towns
1644 \|Unknown \|Providing compensation for magistrates and deputies
1647 \|Rejected \|Reducing the number of deputies to one from each town.
1689 \|Accepted \|Resumption of the Charter revoked in 1684
1689 \|Accepted \|Further consideration of the above question
1765 \|Accepted \|Compensation for damages done by the mob in Boston
1776 \|Accepted \|Approval of the Declaration of Independence
1776 \|Accepted \|Permitting Council and the House of Representatives to frame a constitution.
1777 \|Accepted \|Instructing Representative to act with Council in framing a constitution
1778 \|Rejected \|Approval of the Articles of Confederation of the United States
1778 \|Rejected \|Ratification of the Constitution of 1778
1779 \|Accepted \|To determine whether the people desire a new constitution
1779 \|Accepted \|Shall the representatives call a new constitutional convention?
colspan="3" \|Source {{Cite book \|last=Hartwell \|first=Edward M. \|url=http://archive.org/details/jstor-2967112 \|title=Referenda in Massachusetts and Boston \|date=1910-09-01 \|publisher=Publications of the American Statistical Association \|others=JSTOR \|page=261}}

class="wikitable sortable"

!Year

!Result

!Description

1639

|Accepted

|Approval of the Body of Liberties

1643

|Accepted

|Approval of the Articles of the New England Confederation

1644

|Rejected

|Election of deputies by countries instead of towns

1644

|Unknown

|Providing compensation for magistrates and deputies

1647

|Rejected

|Reducing the number of deputies to one from each town.

1689

|Accepted

|Resumption of the Charter revoked in 1684

1689

|Accepted

|Further consideration of the above question

1765

|Accepted

|Compensation for damages done by the mob in Boston

1776

|Accepted

|Approval of the Declaration of Independence

1776

|Accepted

|Permitting Council and the House of Representatives to frame a constitution.

1777

|Accepted

|Instructing Representative to act with Council in framing a constitution

1778

|Rejected

|Approval of the Articles of Confederation of the United States

1778

|Rejected

|Ratification of the Constitution of 1778

1779

|Accepted

|To determine whether the people desire a new constitution

1779

|Accepted

|Shall the representatives call a new constitutional convention?

colspan="3" |Source {{Cite book |last=Hartwell |first=Edward M. |url=http://archive.org/details/jstor-2967112 |title=Referenda in Massachusetts and Boston |date=1910-09-01 |publisher=Publications of the American Statistical Association |others=JSTOR |page=261}}

Direct democracy in Massachusetts

History

State government

= Initiatives =

== Excluded subjects ==

= Free petition =

= Advisory questions =

List of referendums

= 1631-1779 =

= 2000- =

See also

References

Further reading