By Bob Katzen
Attorney General Andrea Campbell announced that her office has certified 40 possible ballot questions that could appear on the November 2026 ballot. Campbell had until September 3 to certify the questions as eligible or reject them as ineligible. Three possible ballot questions did not pass muster and were not certified because they do not meet the requirements outlined in Article 48 of the Massachusetts Constitution.
The next goal that the initiative’s proponents must meet is the gathering and filing with the Secretary of the State the signatures of 74,574 registered voters by December 3. The proposal would then be sent to the Legislature and if not approved by May 6, 2026, proponents must gather another 12,429 signatures by July 1, 2026, in order for the question to appear on the November 2026 ballot.
Proposed laws that were certified include requiring voters to show identification at their polling places in order to be allowed to vote; overhauling or eliminating the financial stipends that legislative leaders award to many lawmakers for serving in the leadership and as committee chairs; subject the governor’s office and Legislature to the state’s public records law; allowing prospective voters to register and cast a ballot in a single trip to the polls on Election Day; enable Committee for Public Counsel Services staff — which includes public defenders, social workers, investigators and administrative staff who support indigent clients — to unionize; imposing rent control by curtailing rent increases to the cost of living with a 5 percent increase, with some exemptions; reducing the personal income tax rate from 5 percent to 4 percent over a three-year period; using a portion of the funds generated from the existing sales tax on sporting goods to fund conservation; providing indigent tenants with an attorney in eviction and foreclosure proceedings; and allowing single-family homes on small lots in areas with adequate infrastructure.
A complete list of proposed laws can be found at: https://www.mass.gov/info-details/ballot-initiatives-submitted-for-the-2026-biennial-statewide-election-proposed-laws-and-2028-biennial-statewide-election-proposed-constitutional-amendments
“I applaud the civic engagement of our residents, who filed a record-breaking [number of] ballot initiative petitions this year,” said Campbell. “My office reviews each petition according to the strict criteria outlined in Article 48 of our State Constitution. Our personal opinions and any constitutional considerations outside of Article 48 cannot weigh into our decision-making about certification of a petition.”
Campbell’s office said that certification of a proposed ballot question does not represent the attorney general’s support or opposition to the policies proposed. The Massachusetts Constitution requires that proposed initiatives be in the proper form for submission to voters, not be substantially the same as any measure qualified to appear on the ballot in either of the two preceding statewide elections, contain only subjects that are related to each other or mutually dependent and not involve a set of issues that are specifically excluded from the ballot initiative process by the Massachusetts Constitution.
The office offered examples of ineligible proposals including any proposal that relates to religion, religious practices or religious institutions; the powers, creation or abolition of the courts; the appointment, compensation or tenure of judges; a specific appropriation of funds from the state treasury; or infringement on certain other constitutional rights listed in Article 48, such as trial by jury, freedom of the press, freedom of speech and free elections.