(Framingham) Representative Jack Patrick Lewis joined his colleagues in the Massachusetts House of Representatives in passing comprehensive legislation to strengthen campaign finance disclosure requirements for statewide ballot question campaigns – providing voters with more timely, transparent, and accessible information before they cast their ballots.
The bill passed also establishes a special legislative commission to conduct a comprehensive review of the statewide initiative petition process under Article XLVIII of the Massachusetts Constitution and provide recommendations by 2027.
“No matter how we feel about ballot questions at large, we can agree that it is in no one’s best interest to allow tremendously well-funded, undisclosed, corporate donors to swoop in and distort the policymaking process,” expressed Rep. Lewis (Framingham). “While ballot questions can serve an important purpose, we must ensure full transparency to show who is funding these campaigns, just as elected officials are justifiably subject to financial disclosures. This is a strong step towards that goal, and I appreciate its passage.”
“Over the past several years, we have seen a growing number of well-funded special interest groups turn to the ballot to advance their agendas through one up-or-down vote, bypassing the negotiation and compromise inherent to the legislative process. Oftentimes, the opposition is equally well-resourced, which has led to high-stakes litigation and, in some cases, judicial removal of questions from the ballot,” noted House Speaker Ronald J. Mariano (Quincy). “The bill that the House passed today responds to widespread concerns about the ballot question process by strengthening transparency in ballot question campaigns, and by laying the groundwork for future necessary reforms to ensure that the initiative petition process will remain worthy of the public's trust. I want to thank Leader Peisch, Chair Hunt, Chair Ryan, and all my colleagues in the House for recognizing the need for these critical reforms.”
The legislation modernizes Massachusetts' campaign finance laws by bringing statewide ballot question committees under many of the same reporting standards that apply to candidates for public office. Under the bill, ballot question committees would report campaign finance activity through the Office of Campaign and Political Finance's (OCPF) electronic depository system, allowing contributions and expenditures to be disclosed more frequently rather than only during limited reporting periods before an election.
The bill also expands disclosure obligations for contributions, expenditures, liabilities, and in-kind donations, and requires expedited reporting of large late contributions received shortly before an election.
In addition to strengthening campaign finance transparency, the legislation requires petitions circulated by paid signature gatherers to clearly indicate that the circulator is being compensated and direct voters to OCPF's website, where campaign finance reports for committees supporting or opposing the ballot question are publicly available.
The bill also protects the integrity of the signature gathering process by prohibiting per-signature compensation and other incentive payments tied to the number of signatures collected. Violations would be subject to financial penalties, and following each statewide election, the Secretary of the Commonwealth would certify compliance with the law's signature gathering requirements.
The legislation also strengthens oversight by requiring OCPF to issue public post-election compliance reports evaluating whether ballot question committees complied with campaign finance reporting and disclosure laws.
Finally, the bill establishes a thirteen-member special legislative commission to conduct a comprehensive review of the statewide initiative petition process under Article XLVIII of the
Massachusetts Constitution and to submit recommendations, including proposed constitutional amendments where appropriate, by December 31, 2027.
The commission will examine: the scope of the Attorney General’s certification authority and whether to include an evaluation to determine if a proposed measure, if enacted, would violate provisions of the Massachusetts Constitution or the U.S. Constitution; the process for ensuring voters receive a fair and concise summary of an initiative petition, and whether corrections could be made after publication or after signatures have been collected; signature gathering requirements, and applicable timeframes and procedural deadlines.
The bill passed the House of Representatives 149-0 and now returns to the Senate for further consideration.
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