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Citizen Information Service

Politics, Counties, and Municipalities

Government

The Massachusetts Constitution was ratified in 1780 during the Revolutionary War, 9 years before the United States adopted its federal constitution. It is the oldest currently-enforced written constitution in the world. It specifies 3 branches of state government: Executive, Legislative, and Judicial.

Executive Branch

The Governor leads the executive branch, serves as chief administrative officer of the state, represents the state to the federal government, and serves as commander-in-chief of Massachusetts’ military forces. The Governor’s responsibilities include:

  • Preparation of the annual budget
  • Nomination of all judicial officers
  • Granting of pardons (with the approval of the Governor’s Council)
  • Appointment of the heads of most major state departments
  • Acceptance or veto of bills passed by the Legislature

Several executive offices operate with the Governor’s oversight, each headed by a secretary appointed by the Governor, much like the Cabinet of the United States.

The Governor may recommend new policies for Massachusetts, draft new legislation, and recommend administrative changes for departments that conduct daily government business. The Governor can also order the Massachusetts National Guard to meet domestic emergencies, and is the state’s chief spokesperson with the federal government.

The Lieutenant Governor serves as Acting Governor in the absence, death, or removal of the Governor. By law, the Lieutenant Governor is also a voting member of the Governor’s Council, except when presiding over it in the absence of the Governor.

Governor’s Council

The Governor’s Council (also called the Executive Council) consists of the Lieutenant Governor and 8 councillors elected from councillor districts for a two-year term.

The Massachusetts Constitution empowers the Council to:

  • Approve judicial appointments and pardons from the Governor
  • Authorize expenditures from the Treasury
  • Compile and certify the results of statewide elections
  • Approve the appointments of notaries public and justices of the peace

Other Constitutional Officers

The Executive Branch contains 4 other Constitutional Officers, each elected for four-year terms. They are listed below in order of their succession to the Governor.

  • The Secretary of the Commonwealth is the chief record-keeper, public information officer, securities regulator, and election official. The secretary’s duties include: maintaining custody of the state seal, administering elections, ensuring access to public records, filing and distributing regulations and public documents, registering corporations, retaining recordings of appointments and commissions, maintaining storage of historical data, preserving historic sites, administering and enforcing the Massachusetts Uniform Securities Act, and providing information and referrals on all aspects of state government, including State House tours and the Registry of Deeds offices that have been placed under the Secretary's supervision.
  • The Attorney General is the chief legal officer and law-enforcing agent of Massachusetts. The Attorney General advises and represents the government of the Commonwealth, renders opinions upon the request of its officials, and serves as its lawyer in all court proceedings. The Attorney General also advises the state’s 11 district attorneys. Through its efforts in the areas of consumer and environmental protection, the office provides a voice for the average citizen.
  • The Treasurer and Receiver-General manages and safeguards the state's public deposits and investments. The Treasurer is the only party authorized to make payment from those funds. Every state agency must deposit receipts and revenues received with the Treasurer. The Treasurer is then responsible for the issuance and marketing of state bonds, and for the investment policy of the state.
  • The Auditor of the Commonwealth of Massachusetts audits all state entities and related activities at least once every 3 years. These audits review and evaluate the efficiency and effectiveness of state operations and ensure that state resources are used in accordance with applicable law. Based on legal guidelines, the Auditor’s Division of Local Mandates also determines whether the state or a municipality is responsible for a specific state-mandated service or program.

Legislative Branch

The Massachusetts General Court serves as the state legislature, comprised of 40 senators and 160 representatives. Senators and representatives serve two-year terms, without term limits.

Each branch elects its own leader from its membership: the Senate elects a President; the House elects a Speaker. These officers exercise power through appointments of majority floor leaders and whips (the minority party elects leaders in a party caucus), selection of chairs and members of joint committees, and rulings as presiding officers.

Joint committees of the General Court consist of 6 senators and 15 House representatives, with a Senate and House Chair for each committee. These committees must hold hearings on all bills filed. Their reports usually determine whether or not a bill will pass. Each chamber has a separate Rules Committee and Ways and Means Committee, and these are among the most important committee assignments.

Making a Law

There are several steps to enact a law in Massachusetts, though it can start with a single citizen. Any citizen of Massachusetts may file a bill through a state legislator.

  • When a bill is filed, it is assigned to a committee, given a public hearing, and reported by the committee to the appropriate chamber (House or Senate) with a recommendation to pass or defeat.
    • If the committee recommends the bill’s defeat, the full chamber may accept the committee’s report by majority vote. If accepted, the bill is defeated.
    • Sometimes, the full chamber may substitute a new bill if the committee recommended the original bill’s defeat.
    • If the committee recommends the bill’s passage, or the full chamber creates a substitute bill, either bill must have 3 readings in each chamber. Debate can occur on the 2nd or 3rd readings.
  • If both chambers pass the bill in exactly the same form, it is printed for final passage and returned for the vote of enactment.
    • However, if either chamber amends the bill, it must return to the originating house for concurrence.
    • Typically, if the 2 houses cannot agree on a bill’s form, they create a conference committee to work out a compromise.
  • When a bill is enacted by both houses, the Governor has 10 days to respond. The Governor may:
    • Sign the bill, making it law (usually effective within 90 days)
    • Return the bill for reconsideration with an Executive Amendment
    • Veto (reject) the bill, requiring a two-thirds vote of both houses to override
    • Refuse to sign it. After 10 days, the bill becomes law unless the Legislature prorogues (discontinuing without dissolving) during that time. If this happens, the bill dies. This is called a "pocket veto."

Judicial Branch

Judges can serve in Massachusetts courts upon appointment from the governor and confirmation from the Governor’s Council. Judges can serve until they turn 70 years of age, after which they must retire.

The Supreme Judicial Court, consisting of a Chief Justice and 6 Associate Justices, is the highest court in the Commonwealth. It advises the Governor and the Legislature on questions of law.

All trials are held in departments and divisions of a unified Trial Court, headed by a Chief Administrative Justice assisted by an Administrator of Courts. It hears civil and criminal cases. Cases may be appealed to the Supreme Judicial Court or the Appeals Court for review of law, but findings of fact made by the Trial Court are final.

The Superior Court, consisting of a Chief Justice and 66 Associate Justices, is the highest department of the Trial Court. Other departments are the District, Housing, Juvenile, Land, and Probate Courts.

Counties

In New England, county government is not a strong entity. The Massachusetts Constitution does not mention county-level government, and any such governments were created through legislative action.

Massachusetts has 14 counties, founded as regional administrative districts before the Revolutionary War:

  • Barnstable County
  • Berkshire County
  • Bristol County
  • County of Dukes County
  • Essex County
  • Franklin County
  • Hampshire County
  • Hampden County
  • Middlesex County
  • Nantucket County
  • Norfolk County
  • Plymouth County
  • Suffolk County
  • Worcester County

Traditionally, each has been served by 3 county commissioners—with the exception of Nantucket, County of Dukes County, and Suffolk. Nantucket select board members also serve as county commissioners, while the Mayor and City Council of Boston serve as Suffolk county commissioners.

Over time, the counties administered jails, health facilities, agricultural schools, registries of deeds, and probate, county courthouses, county roads and extension services. The counties were funded by local communities and the Commonwealth.

Several of the county governments in Massachusetts have since dissolved, replaced by state agencies:

  • From 1997-2000, Middlesex, Franklin, Hampden, Worcester, Hampshire, Essex, and Suffolk county governments were abolished.
  • Sheriffs in these counties still administer jails, but county employees are state employees.
  • The abolished county governments also transferred their registries of deeds to the jurisdiction of the Secretary of the Commonwealth.

County Elected Officials

All counties, even those with abolished governments, elect their own registers of deeds, registers of probate, sheriffs, and district attorneys. Counties with intact governments also elect county commissioners and treasurers. Counties with abolished governments still exist as geographical/political regions—they simply don’t have their own governments.

Municipalities

In Massachusetts, cities and towns maintain different administrative structures. Cities are governed by mayors and city councils, while towns are usually governed by a group of officials called a select board.

A select board is usually elected for overlapping three-year terms. Town meetings, a tradition from Colonial times, are still held regularly.