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New Laws Possible in Massachusetts - Proponents Set Sights on 2022 Ballot
Friday, August 6, 2021

Those seeking to amend Massachusetts law or the Massachusetts Constitution through the state’s unique ballot initiative process had until Wednesday, August 4, 2021 to file their proposals with the Massachusetts Attorney General’s Office.  By the time the deadline was reached, 30 proposals were filed.  See below for a list of the proposals and an explanation of the process going forward.

  1. Initiative Petition 20-01: PassMass Amendment

  2. Initiative Petition 21-01: Felony to Target Another’s Ability to Make a Living Due to Postings on Social Media

  3. Initiative Petition 21-02: Ban Smoking in Multi-Living Units

  4. Initiative Petition 21-03: 21st Century Alcohol Retail Reform

  5. Initiative Petition 21-04: Voter Identification Requirement in Massachusetts

  6. Initiative Petition 21-05: Preserve the Lives of Children Born Alive

  7. Initiative Petition 21-06: Hospital CEO Financial Transparency

  8. Initiative Petition 21-07: Limit Excessive Hospital Operative Margins through Greater Financial Transparency

  9. Initiative Petition 21-08: Limit Excessive Hospital Operative Margins and Maintain Essential Health

  10. Initiative Petition 21-09: Presentation of Identification to Vote (Version A)

  11. Initiative Petition 21-10: Hand-Counted Plain Paper Ballots

  12. Initiative Petition 21-11: Defining and Regulating the Relationship Between TNCs and App-Based Drivers (Version A)

  13. Initiative Petition 21-12: Defining and Regulation the Relationship Between TNCs and App-Based Drivers (Version B)

  14. Initiative Petition 21-13: Medical Loss Ratios for Dental Benefit Plans

  15. Initiative Petition 21-14: Regulation and Sale of Consumer Fireworks

  16. Initiative Petition 21-15: Hate Crimes

  17. Initiative Petition 21-16: Public Knowledge of Conflicts of Interest of Government Officers and Candidates Thereof

  18. Initiative Petition 21-17: Whale Safe Fishing Act

  19. Initiative Petition 21-18: Preserving Consumer Access to Gasoline and Other Motor Fuels

  20. Initiative Petition 21-19: Education Massachusetts’ Youth on Our Nation’s History

  21. Initiative Petition 21-20: “Happy Hour” Practices Permitted by Licensees

  22. Initiative Petition 21-21: Presentation of Identification to Vote (Version B)

  23. Initiative Petition 21-22: Presentation of Identification to Vote (Version C)

  24. Initiative Petition 21-23: Public Disclosures by Certain Corporate Taxpayers

  25. Initiative Petition 21-24: Right to Counsel in Eviction Proceedings

  26. Initiative Petition 21-25: Zero Emission Vehicles, Zero Emission Home Heating Systems, and Home Solar Powered Electricity (Version A)

  27. Initiative Petition 21-26: Zero Emission Vehicles, Zero Emission Home Heating Systems, and Home Solar Powered Electricity (Version D)

  28. Initiative Petition 21-27: Zero Emission Vehicles, Zero Emission Home Heating Systems, and Home Solar Powered Electricity (Version B)

  29. Initiative Petition 21-28: Zero Emission Vehicles, Zero Emission Home Heating Systems, and Home Solar Powered Electricity (Version C)

  30. Initiative Petition 21-29: No-Excuse Absentee Voting

  31. Initiative Petition 21-30: Election Transparency Voting

While the filing of the petition marks a significant milestone, the initiative petition process has many hurdles that the proponents of the petitions must clear before any one petition makes it onto the 2022 ballot.  By way of background, in 2019, 16 initiative petitions were submitted for consideration but ultimately only 2 petitions were on the 2020 ballot.

The following is a brief summary of the steps that now must be taken in order for an initiative petition to make it on to the 2022 ballot:

  • By the first Wednesday in September, the Attorney General will review each initiative petition in order to confirm that the petition passes certain state constitutional requirements;

  • If the Attorney General certifies a particular petition, then the proponents of that petition must collect 80,239 signatures from Massachusetts registered voters by November 17, 2021;

  • If enough signatures are collected, then in January 2022 the petition is filed with the Massachusetts Legislature.  At this point, the legislature can debate the merits of the proposal and pass it, or it can substitute its own proposal for the petition, or it can take no action.  In the event that the legislature fails to take action on a particular petition, then the proponents of the petition can advance the petition by collecting an additional 13,374 signatures to force the matter on to the state’s 2022 ballot.

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