It’s tough to predict just how citizens will trend when it comes to deciding the casino question in Massachusetts - and three others on the ballot this November: a revised bottle bill, a measure governing the gas tax, and one governing employee sick time. The Curiosity Desk’s Edgar B. Herwick III takes a look at how this direct Democracy thing works.
After years of fierce debate, the battle over whether to build casinos in Massachusetts is finally being taken to the people.
Barbara Anderson is the executive director of Citizens for Limited Taxation, a group that has pushed to get a number of initiatives on the ballot over the years.
“We go in to vote, and we have to think about is 'is this a good idea or is this a bad idea? Legislators, they have to think about all kinds of stuff when they’re voting. How does the leadership want me to vote, how can I trade this vote with somebody else’s vote, am I raising money on this issue and what side does the money want me to vote on,” Anderson said.
The power to collectively make state law is not something all American voters have. Half the states in the union allow it. Half don’t. Remarkably, here in New England, the bastion of direct democracy, Maine is the only other state where it happens.
“At least the voters have a voice. In other states there’s nothing they can do about anything except elect leaders who promise they will deal with these issues.”
The right of voters to make law was written into our state constitution in 1918, on a wave of populist reform. Sec of State William Galvin says it’s an important check on lawmakers, and a safety valve for voters.
“It was meant as an adjunct to the power of the legislature – an alternative to the power of the legislature – so that people themselves could make laws.”
And Anderson points out that it’s mere existence has had a major impact on the way lawmakers do their job.
“Even just threatening the initiative petition process - as the business community did this year on the Tech pacs, just the fact that it exists, makes a big difference in legislation even if it never even gets to the ballot.”
The casino vote isn’t the first time Massachusetts voters are taking their vices and leisure time to the ballot. In fact, the first successful initiative to pass – way back in 1920 – was a law deeming cider and beer as non-intoxicating liquors, and exempt from Prohibition. And do you enjoy watching Brady and Gronk hook up for touchdowns at Foxboro? Thank Massachusetts voters – who in 1928 repealed a state ban on Sunday sports events. But Galvin says that ballot initiatives here in the Bay State aren’t aren’t all fun and games.
“There’s a wide range of issues. Rent control, that’s been before the voters, taxes are certainly often one. We’ve seen seat belt laws, various election laws, liquor licenses, healthcare issues are frequently before the voters,” said Galvin.
Just because initiatives give voters a choice and a voice, it doesn’t mean they’re the last word. Here’s gubernatorial candidate Charlie Baker this week talking with the editorial board of The Republican.
“If the repeal effort is successful, I’ll file legislation to put the Springfield casino back on the map,” he told them.
And he’d be within his rights to do so. Galvin points out that a law passed by ballot initiative is just like any other law. As such, it can be amended – or repealed -- by state lawmakers.
“For the most part, once a law has been passed by an initiative, generally speaking the legislature is reluctant to change it dramatically. They have in the past, but it’s rare.”
Ballot initiatives are not without their challenges. It’s legislation after all - and that means the language can sometimes be a bit mystifying. To allay confusion, a one-sentence explainer accompanies each question on the ballot.
“The AG and I compose it together. We have to agree on it and we write the one sentence statement and we’re scrupulously neutral. We try not to make it an argument for either side. It’s just a matter of fact statement of what an effect of a yes or no is.”
The state makes detailed information on each ballot question available well before election day, but in the end it’s up to voters to do their homework.
“It’s also important to understand that very often the initiatives - in recent times – have become the captive of special interest as well where large groups of people put money together, industries put money together, which gets back to the importance of voters reading carefully what the initiative is all about,” Galvin says.
So read up, voters. Since 1990, 54 percent of ballot questions have passed. There’s four on the ballot this year, so chances are this November you’ll once again be taking Massachusetts law into your own hands.
Edgar B. Herwick III can be reached at curiositydesk@wgbh.org.
