Here’s what you should know
While
the presidential race looms large in many voters’ awareness,
Massachusetts voters heading to the polls next Tuesday will have the
opportunity to weigh in on five ballot questions that could enact new
laws in the Bay State.
Ballot
referenda allow activists to enact law without a vote of the
Legislature by taking a question directly to voters. Groups seeking to
place questions on the ballot had to secure 74,574 signatures from
registered voters — 3% of the number of ballots cast in the most recent
gubernatorial election — under Massachusetts law.
This year the referenda appearing on Massachusetts ballots are:
Question 1: Authorizing
the state auditor to audit the state legislature and remove some
existing regulations regarding the auditing process.
Question 2: Eliminate the requirement that students must pass the standards-based (MCAS) exam to graduate high school.
Question 3: Provide for unionization and collective bargaining for transportation network drivers
Question 4: Allow
persons 21 years of age or older to grow, possess, and use natural
psychedelic substances, as well as establish a commission to regulate
the licensing of psychedelic substances and services
Question 5: Increase the minimum wage for tipped employees to meet the state’s standard minimum wage.
With
early voting and mail-in balloting already underway, some voters have
reported feeling overwhelmed by the number of ballot questions this
year, said state Sen. Liz Miranda.
“The ballots are two pages and double-sided,” she noted. “There’s a lot of information to consider.”
Question 1
State
Auditor Diana DiZoglio raised funds to collect the signatures to place
Question 1 on the ballot. If passed, the referendum would give her
office the authority to conduct audits of the state House and Senate — a
move that could shed light on the secretive processes under which
legislative leadership take votes in committees, make committee
assignments and engage in debate over issues. While local government is
subject to so-called sunshine laws that mandate that such processes be
made public, the state Legislature is currently exempt from such laws.
“The
state Legislature is one of the least transparent government bodies in
the country,” said Hyde Park activist Vanessa Snow. “For the last
several years, they’ve passed less legislation than most other states.
It’s the only government body that doesn’t get audited.”
Legislative
leaders have argued the DiZoglio’s measure would violate the separation
of powers outlined in the state constitution which mandates that “… the
executive shall never exercise the legislative and judicial powers.”
Question 2
The
Massachusetts Teachers Association is the driving force behind the
ballot measure that would end the use of the MCAS exam as a graduation
requirement. While the Education Reform Act of 1993 mandated a
Massachusetts Comprehensive Assessment System for students, in practice
the state has relied solely on the MCAS exam as an assessment tool.
Should question 2 pass, students would still take the exam, but failure
to pass the 10th grade MCAS test would no longer preclude students from
graduating.
MTA
President Max Page says the exam has forced schools to place too much
emphasis on “teaching to the test” — narrowing curriculums and course
offerings to ensure that students pass the exam.
“Question
2 would redirect us back toward more authentic learning, which the test
gets in the way of,” he said. “We have the highest state standards in
the country. They apply to every subject. Those standards apply to every
district.”
Massachusetts
Education Secretary Patrick Tutwiler said that even though the question
would not do away with the test, it will nevertheless weaken it.
“High
school students will not take it seriously going forward, so it will
not be a useful assessment anymore,” he said during an October forum at
the Harvard Graduate School of Education, as reported in the Crimson.
“You’ll just have a local assessment and understanding of how students
are doing. And I’m saying that’s not enough.”
Question 3
Currently,
rideshare drivers who work for companies such as Uber and Lyft are not
classified as employees, and therefore, under state law they have no
right to unionize. The ballot measure would allow rideshare drivers to
unionize and engage in collective bargaining. Sen. Miranda said her
mother’s membership in a union was key to her family’s security.
“I’m a union daughter,” she said.
“The protections my mother had on her job helped her take care of her whole family.”
Currently, rideshare drivers don’t have the leverage to negotiate wages and work rules with the companies for which they work.
“People
don’t have the power to push back on the companies that are using
algorithms to profit off of their labor,” said Chelsea City Councilor
Roberto Jiminez, who has endorsed Question 3. “They incur all the costs
for being on the job without being paid for being on the job.
Arguing
against Question 3, the conservative group Mass Fiscal Alliance says
that unionizing the workers would raise prices for all riders.
“This
law gives politicians the right to set rules with no accountability and
creates a new radical labor category that is inconsistent with federal
labor law,” the group argues.
Question 4
Ballot
Question 4 would allow Massachusetts residents to use, possess and grow
certain psychedelic substances. As use of psychedelics for treating
post-traumatic stress, anxiety, and depression has expanded in recent
years, many have sought to overturn decades-old laws prohibiting their
use. Under the measure, psychedelics would be made available in approved
therapeutic settings under the supervision of trained and licensed
facilitators.
Opponents
of the measure have argued that psychedelic substances are dangerous
and can trigger episodes in people with preconditions such as
schizophrenia. They argue that while requiring licensing, the law does
not require medical professionals to administer psychedelics.
Question 5
Currently,
restaurants in Massachusetts are required to pay tipped workers a base
rate of $6.75 an hour, less than half the state’s $15 an hour minimum
wage, as tipped workers are expected to earn more through tips than
through their wages. Question 5 would raise pay for tipped workers to
the minimum wage over a five-year period.
Proponents argue the increase would make wages fairer.
“Many
Massachusetts small businesses are already paying the full minimum wage
plus tips,” argues Estefania Galvis, a representative of the One Fair
Wage campaign. Big restaurant corporations should do the same. This
would reduce employee turnover and improve service quality.”
Opponents
say state law already requires restaurants to cover the difference
between a tipped worker’s wages and the minimum wage if their tips fall
short.
“Tipped
employees have made it abundantly clear the way they earn money does not
need to be changed,” argues restaurant owner Doug Bacon. “State and
Federal law guarantee them the $15 hourly minimum wage with many earning
over $40 an hour and 90% reporting at least $20 an hour.