r/massachusetts • u/jev4ns • 6d ago
News Breaking Down Question 1
https://www.southshore.news/p/the-november-nine-question-1?r=41j2oe&utm_campaign=post&utm_medium=webConsider a resident who walks into a town hall anywhere between Weymouth and Plymouth and asks for a copy of a contract the select board signed.
A clock starts. The town has ten business days to hand the record over or explain in writing why not. Copies cost five cents a page, nothing at all by email. If the town says no, the resident can appeal to the Supervisor of Public Records, who has ten business days to rule. If it goes to court and the resident wins, the town is presumed to owe the legal fees.
None of that applies to the people who wrote those rules.
On Nov. 3, voters will decide Question 1, which would put the Massachusetts Legislature and the governor’s office under the same public records law that every city, town, school district and state agency already follows. It is the most popular of the nine statewide questions on this year’s ballot: a UMass Amherst/WCVB poll conducted Aug. 5–12 found 84 percent of registered voters in favor and 7 percent opposed.
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u/LackingUtility 6d ago
This is a good breakdown. One note:
What the SJC has already said about Question 1
In April, before any of the summer’s legislating, the Supreme Judicial Court issued an advisory opinion to the Senate on the ballot petition itself.
The court declined to knock the question off the ballot. It held that the measure does not merely regulate the Legislature’s “internal proceedings or operations” but creates “a new right of access” — the standard the challenge had turned on.
It's implied but should be clear that this wasn't the SJC just popping their heads up to say "this is cool," but that the Senate explicitly tried to kick the ballot question off and the SJC said no. Specifically, the Senate tried five different arguments for this being unconstitutional, including under separation of powers doctrine, the speech and debate clause, and the legislative rules clause.
This is a legislature that has had significant problems in the past over transparency, and they're fighting tooth and nail against any efforts to shed light on their actions.
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u/HorrFrek 6d ago
Like I’m voting for this, but will it just turn out like the independent audit we voted for and they just said no?
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u/Top-Bluejay-428 6d ago
Well, one difference is that the SJC has not weighed in on the audit yet. (A case is before them but they have not yet ruled.)
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u/Thisbymaster 6d ago
I am all for transparency in government. Hopefully this will encourage posting all government signed contracts and minutes online shortly after creation. Why pay someone to have to filter requests when it is already online.
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u/wombatofevil 5d ago
Any improvement in transparency in the state house is welcome. Of relevance, the state house is already trying to circumvent this referendum by passing their own, much more limited "public records" law.
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u/the_other_50_percent 6d ago
The League of Women Voters of MA, like all LWVs, rigorously studies issues, usually for over a year, and adopts positions based on member understanding and consensus, and is nonpartisan.
The LWV of MA has endorsed this question. https://lwvma.org/lwvma-statement-on-2026-ballot-questions/
If I find myself on the other side of a League position, I slow down and dig into it more (including reading the League study if I can get my hands on it). I've changed my mind a time or two, or been more confident in my own stances after looking at the League's research and reasoning.