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The Massachusetts Fiscal Alliance is raising concerns following recent comments by Andrea Joy Campbell suggesting that ballot questions approved by voters do not automatically become law.
In a social media video attempting to justify her continued lack of enforcement of the legislative audit law, Campbell stated that when voters approved the measure, it “did not automatically become the law.”
“The Attorney General’s new position represents a troubling departure from how voter-approved laws have historically been treated in Massachusetts. When Massachusetts voters approve a ballot question, it becomes law. That has always been the understanding in our state. If opponents believe a law conflicts with the Constitution, they can challenge it in court. But suggesting that a voter-approved law simply does not take effect after the election is a dangerous precedent that undermines the will of the voters,” said Paul Diego Craney, Executive Director of the Massachusetts Fiscal Alliance.
“For a recent example, look at when voters approved the Right to Repair law. It became law and its opponents never claimed it wasn’t a law. They challenged it in court. That’s how the system works. The people pass the law, and if someone believes it is unconstitutional, the courts decide. Constitutional challenges or clarifications are a normal part of how these measures are implemented. What’s not normal is the current situation, where the Attorney General is standing athwart the audit law having its day in court by depriving the person voters sought to empower with the law, the state auditor, of legal representation,” noted Craney.
“By refusing to enforce the audit law and simultaneously refusing to allow the State Auditor the right to legal representation in court, Attorney General Campbell is essentially unilaterally nullifying the will of the voters. This sets a dangerous precedent. It signals to lawmakers and bureaucrats that voter-approved reforms can be ignored or delayed indefinitely when they conflict with political convenience. It undermines the integrity of the initiative process, erodes public trust, and sends a message to Massachusetts residents that even when they vote, it doesn’t matter because Beacon Hill insiders have the final say,” said Craney.
“If this becomes the new standard, every future ballot question, from tax relief to transparency measures, could be subject to the same arbitrary delays, leaving voters powerless and the initiative process meaningless, and our democracy severely eroded,” said Craney.