Ballot Questions for November Election

The League of Women Voters of Massachusetts is “taking no position” on Ballot Questions 1-5 for the November 5, 2024 election. This means that League members may participate in Yes or No campaigns for Ballot Questions 1-5 as individuals but should not do anything to make the public think that LWVMA or a Local League has endorsed a Yes or No campaign. Local Leagues may hold informational forums on these ballot questions and LWVMA is happy to partner on these as we did in 2022.

How Does The Board Decide?

The LWVMA Board votes to support, oppose, or take no position on specific ballot questions based on positions or goals previously researched and adopted by the League, which are described in Impact on Issues (LWVUS) or Where We Stand (LWVMA).

Question 1: State Auditor’s Authority to Audit the Legislature

Ballot Question 1 would give explicit authority to the State Auditor to audit the Legislature.

Transparency is a key tenet of the League. The League has worked for the public’s right to know and for broad public participation in government as a necessary component of decision-making at all levels of government since its founding. LWVMA believes in an effective state government with a strong executive branch with lines of authority and responsibility clearly defined. It also believes in a strong and highly visible legislative branch that maintains its traditional role as a democratic forum.

However, LWVMA takes no position on Ballot Question 1 because existing law does not authorize it and it may be unconstitutional. The proposed “audit” is defined to include “information regarding active and pending legislation, the process for appointing committees, the adoption and suspension of legislative rules and policies and procedures of the Legislature.” In a letter from the Attorney General’s Office (AGO) dated November 3, 2023, citing the Massachusetts Constitution and Massachusetts General Laws, she concluded that the State Auditor does not currently have the authority to audit the legislature without the Legislature’s consent. (see page 2, emphasis added)

Additionally, the proposed audit may violate the separation of powers doctrine. Citing the relevant statute, the AGO letter states “Section 12 directs the State Auditor to audit the “accounts, programs, activities and functions … of all departments, offices, commissions, institutions and activities of the commonwealth …” (emphasis added). “The key question is whether the Legislature is a ‘department’ as that term is used in Section 12.10. Applying well-established rules for interpreting statutes, we conclude that it is not.” (see pages 3 & 4)

The AGO letter further states “An unqualified auditing power sufficient to audit the Legislature over its objection would be difficult to reconcile with the powers vested exclusively in the Legislature by various parts of Chapter 1 of Part II of the Massachusetts Constitution, and protected from encroachment by Articles 21 and 30 of the Massachusetts Declaration of Rights.” (see page 16)

Question 2: Elimination of MCAS as High School Graduation Requirement

Ballot Question 2 would eliminate the requirement that a student pass the Massachusetts Comprehensive Assessment System (MCAS) tests in order to receive a high school diploma.

The League believes the state Board of Education should set minimum educational standards for local public school systems with reasonable criteria for implementation and it should also provide services to assist local schools and to motivate them to improve the quality of education.

LWVMA believes members would need to reach consensus on an alternative to MCAS before deciding to support or oppose this ballot measure and therefore takes no position on this question.

Question 3: Unionization for Transportation Network Drivers

Ballot Question 3 would provide transportation network drivers with the right to form unions. The League has no positions on this topic, so LWVMA takes no position on this question.

Question 4: Limited Legalization and Regulation of Certain Natural Psychedelic Substances

Ballot Question 4 would allow people aged 21 and older to possess and use certain natural psychedelic substances within specific parameters. The League has no positions on this topic, so LWVMA takes no position on this question.

Question 5: Minimum Wage for Tipped Workers

Ballot Question 5 would gradually increase the minimum hourly wage an employer must pay a tipped worker to 100% of the state minimum wage over five years.

While the LWVUS Meeting Basic Human Needs position includes support for a living wage, it also states, “Specific issues in relation to a living wage and income levels should be decided by Leagues working in their communities.” LWVMA believes members would need to study and reach consensus on this issue and therefore takes no position on this Ballot Question.

In September, the Secretary of State’s website will have more details about the ballot questions.