A Guide for Circulating Petitions
Initiative Petition for a Constitutional Amendment
Suggestions for Petition Filers
Referendum Petition
Petition for a Public Policy Question
Circulating and Gathering Signatures on Ballot Question Petitions
A referendum petition should be filed if an individual intends to have a law enacted by the General Court repealed by the voters. A referendum petition can only be used to repeal an entire law; it cannot be used to repeal a section of a law.
To originate a referendum petition, at least ten qualified voters of the Commonwealth may draw up and sign an original petition on which they correctly identify the law they wish to have repealed.
Each of the ten original signers must obtain a certificate of voter registration from the board of registrars or election commission in the city or town in which they are a registered voter. Each certificate of voter registration must be signed by at least three members of the board of registrars or election commission. These voter registration certificates and the original petition are then submitted to the Secretary of the Commonwealth no later than 30 days after the act is signed into law by the Governor or passed over his veto.
The Constitution excludes from the Referendum subjects that relate to religion, judges, the courts, particular localities of the Commonwealth, state appropriations and certain provisions of the state constitution's Declaration of Rights. The Attorney General prepares a summary of the act to be repealed. Within 14 days after receiving the summary from the Attorney General, the Secretary of the Commonwealth prepares referendum petition form blanks with the summary printed thereon for gathering signatures of registered voters.
The number of certified signatures required depends on three factors:
If the repeal is sought on an emergency law or on a law whose suspension is not requested by the petitioners, the number of certified signatures required is 1 1/2 % of the total vote cast for Governor (excluding blanks) at the last state election. This figure is 34,456 until the results of the 2014 state election are certified by the Governor's Council; no more than one-fourth of these certified signatures may come from any one county (until the results of the 2014 state election are certified by the Governor's Council, this figure is 8,614).
If the original petition filed by ten registered voters requests suspension in writing, the law will be suspended from taking effect when the referendum petition is filed. (Again, this does not apply to emergency laws.) The number of signatures required to suspend the law upon filing of the petition is 2 % of the total vote cast for Governor (excluding blanks) at the last state election. This figure is 45,941 until the results of the 2014 state election are certified by the Governor's Council; no more than one-fourth of these certified signatures may come from any one county (until the results of the 2014 state election are certified by the Governor's Council, this figure is 11,485).
The ballot question that results from a referendum petition must read as follows:
"Do you approve of a law summarized below, which
was approved by the House of Representatives by a
vote of _______ on _______ (date) and approved by
the Senate by a vote of _______ on _______ (date)?"
In order to repeal that law, 30% of voters who cast ballots in the election must vote in favor of the above question and against the existing law passed by the legislature, and at least half of those voting on the question must vote in favor of the above question against the existing law.
Calendar of Events |
Legal Deadlines* |
|---|---|
Submission of petition to Secretary of the Commonwealth by ten original signers. |
No later than 30 days after act is signed by Governor (or passed over his veto). |
Secretary prepares petition forms for collection of required number of signatures. |
Within 14 days after summary is prepared by Attorney General. |
Filing of petitions with local registrars for certification. |
By 14 days before filing deadline with the Secretary. |
Petitions with certified signatures filed with the Secretary. |
Within 90 days after the act is signed by the Governor (or passed over his veto). |
Petitions submitted to the voters; Suspended law immediately null and void if law disapproved. |
First state election 60 or more days after filing certified petitions with the Secretary. |
If voters approve, suspended law becomes effective. If they do not approve, non-suspended law is repealed. |
30 days after election. |
* If a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is the next weekday. Check with the Elections Division for exact dates.