Deep Dive: Why Do We Vote on Ballot Initiatives?

This is the first of two articles that cover the ballot questions in this year's upcoming election. This article is an overview of the process. It will be followed by a summary of this year's ballot measures.

 

In addition to the contests between candidates and the battle for control among political parties, Massachusetts voters will also be deciding on nine ballot questions in November, the highest number since 1994.

 

While ballot questions may not have the personal drama of candidate races or ideological ramifications of partisan wars, they often have an impact on laws and other government policies and actions.

 

This year's Massachusetts ballot measures include questions that will significantly affect the state's gun-control laws, the legal status of recreational cannabis products, and the basic structure of the state's future elections, among others.

 

Before summarizing the specific questions on this year's ballot, it is useful to look at the larger context and role of ballot measures.

 

In a broad sense, ballot measures are a form of direct democracy within our system.

 

The Massachusetts official Guide to Statewide Ballot Question Petitions defines the three basic types of ballot questions.

 

An Initiative Petition for a Law seeks to create a new state law, a Referendum Petition seeks to repeal a law that was recently passed by the legislature. An Initiative Petition for a Constitutional Amendment seeks to amend the Massachusetts Constitution.

 

When a ballot question has a widespread and controversial impact on an important public issue, it can involve high-profile competing campaigns backed by significant funding from interest groups. In other circumstances, its impact may only have a limited effect or be primarily a matter of technical and procedural housekeeping.

 

Ballot questions are the responsibility of state and local governments and are oriented to laws, policies and processes on those levels. (While amendments to the U.S. Constitution are a national process, they also require ratification by voters in 2/3 of states.)

 

The specific handling and structure of ballot measures varies greatly among states. In some states, such as California, they are widely used. At the other extreme, some states do not allow them.

 

Currently 26 states plus Washington D.C. enable some process for statewide initiatives, referendums, or both process, according to Ballotpedia a non-profit, non-partisan digital encyclopedia of American politics.

 

However, while they directly express the preferences of voters on issues, these measures must go through a complex and challenging process to be placed on the ballot. Also, their results do not automatically create or repeal laws. Even after they are voted on, they are potentially subject to impediments such as legal challenges by opponents or political maneuvering by officials.

 

The sources and motives for ballot initiatives vary. Often, they are filed by citizens or advocacy coalitions who are frustrated by the government's handling of an issue. Or members of an industry may file a ballot question to change policies to be more favorable to their interests. In some cases, state initiatives are used or supported by outside organizations or lobbyists as part of a nationwide push to advance a national ideological or economic goal.

 

They also may be the result of government officials seeking to place a certain matter before voters. In addition, advocates may use the possibility of a ballot measure as leverage to negotiate for desired legislation with officials.

 

The historical roots of modern ballot initiatives trace back to the early days of the founding of the U.S. government. There were many debates about the most appropriate balance of pure democracy, in which the public votes directly on laws, and representative government by elected officials.

 

Ultimately it was determined that elected representatives should have primary power in government. However, various forms of initiatives and referendums emerged over time to also enable direct public involvement in specific circumstances.

 

The initiative and referendum process also is an outgrowth of the ongoing efforts to balance Federal powers and the laws and constitutions of individual states. This is why there are so many different approaches among states.

 

Massachusetts was the first state to hold a statewide legislative referendum to enable its citizens to ratify its state constitution in 1778. Massachusetts and other New England states also established direct citizen votes within the structure of local governments. This was the basis of town meetings where important local issues are voted on by residents.

 

In the late 19th century, the populist movements of that era began to press to allow ballot initiatives as one method of reform to counter what they believed was ineffective and unresponsive government and corrupt politicians and a concentration of wealth and power. This movement was initially strongest in western states, beginning with laws that allowed ballot questions in Nebraska and South Dakota in the late 1890s.

 

After debates, in 1918 Massachusetts voters approved a state constitutional Amendment 18, enabling ballot questions.

 

It stated: "Legislative power shall continue to be vested in the general court; but the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional amendments and laws to the people for approval or rejection; and the popular referendum, which is the power of a specified number of voters to submit laws, enacted by the general court, to the people for their ratification or rejection."

 

Since then, 231 measures have been placed on the Massachusetts ballot by citizen initiatives or by the Massachusetts State Legislature. 

 

Certain topics or goals cannot be addressed in petitions. These include religion, judges and the courts, specific localities, specific appropriations from the treasury, and certain provisions of the Massachusetts Constitution's Declaration of Rights.

 

In addition to statewide ballots, within legislative districts, voters can petition for non-binding public policy questions, which expresses the will of voters on an issue but do not have any legal effects.

 

Local ballot questions or town meeting votes are also subject to legal review, but they have their own processes. These include such matters as public votes on issues in towns with a representative town meeting; a Proposition 2 1/2 override; the question of whether a city or town should accept the Community Preservation Act; questions about whether to allow the sale of alcoholic beverages in a city or town, and a nonbinding public opinion advisory question in a city or town.

 

Massachusetts has an indirect initiative system for statewide questions. Proposed questions must go through specific processes of gathering signatures and

being reviewed by the state attorney general, Legislature and courts before they can appear on the ballot.

 

Before being winnowed down to nine measures on this year's ballot, the Attorney General's Office had received 47 initial filings for proposed laws or

constitutional amendments by the August 2025 deadline. Of those, 42 were proposals for the 2026 ballot and five were proposed constitutional amendments for the 2028 ballot.

 

During this process, the legislature may choose to adopt a proposed measure directly or negotiate a compromise with proponents without it appearing on the ballot. If it takes no action or rejects it, a second round of signatures is required for the petition to advance.

 

A measure can be prevented from qualifying for placement on the ballot during these stages for a variety of political, technical and legal reasons. For example, a coalition of affordable-housing advocates worked to place a measure on this year's ballot that would implement rent control. This was very controversial and aroused opposition. Organizers had collected the required first round of signatures. However, in June the Massachusetts Supreme Court ruled that the

original question could not be placed on this year's ballot because it contained an exemption for housing owned by religious organizations, which violated the Constitution.

 

The basic concept of ballot questions remains controversial. Supporters argue that they are a necessary check on the power of elected officials and enable the public to influence laws and policies. They also contend that it is a counterbalance to corruption and the influence of powerful special interests.

 

Critics contend that they are flawed because they replace thoughtful deliberation of complex issues with simplistic mandates that may have unintended consequences. Some critics (especially in states like California with large numbers of initiatives) contend that they also impose a form of micromanagement that interferes with the working of government. Critics of the process also contend that they may be misleading.

 

In recent years there have been efforts by politicians and other opponents in several states to either eliminate or weaken the role and impact of ballot questions.

 

Nevertheless, all sides of those debates emphasize the importance of voters to prepare for them by reading the Massachusetts ballot booklet that is mailed out to voters and is available online.