Law Proposed by Initiative Petition
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
Summary
As required by law, summaries are written by the State Attorney General.
This proposed law would specify that the State Auditor has the authority to audit the Legislature.
What Your Vote Will Do
As required by law, the statements describing the effect of a “yes” or “no” vote are written jointly by the State Attorney General and the Secretary of the Commonwealth.
A YES VOTE would specify that the State Auditor has the authority to audit the Legislature.
A NO VOTE would make no change in the law relative to the State Auditor’s authority.
Statement of Fiscal Consequences
As required by law, statements of fiscal consequences are written by the Executive Office of Administration and Finance.
The proposed law has no discernible material fiscal consequences for state and municipal government finances.
Arguments
As provided by law, the 150-word arguments are written by proponents and opponents of each question, and reflect their opinions. The Commonwealth of Massachusetts does not endorse these arguments, and does not certify the truth or accuracy of any statement made in these arguments. The names of the individuals and organizations who wrote each argument, and any written comments by others about each argument, are on file in the Office of the Secretary of the Commonwealth.
In Favor
A YES Vote on Question 1 expressly authorizes the State Auditor to audit the Massachusetts Legislature. The State Auditor is independently elected by the people of Massachusetts to audit every state entity to help make government work better. The State Legislature is the only state entity refusing to be audited by the State Auditor’s office. Legislative leaders claim it is sufficient for the Legislature to conduct audits of itself through a procured private vendor. However, the Massachusetts Legislature is continuously ranked as one of the least effective, least transparent legislatures in America and is one of only four legislatures that exempts itself from public records laws. Support for this initiative will help the State Auditor’s office shine a bright light on how taxpayer dollars are spent to help increase transparency, accountability and accessibility for the people of Massachusetts.
Vote YES to expressly authorize the State Auditor to audit the Legislature.
Neil Morrison
Committee for Transparent Democracy
P.O. Box 364
Raynham, MA 02767
617-297-8476
www.auditthelegislature.com
Against
CONSTITUTIONAL SCHOLARS AND CIVICS EDUCATORS STRONGLY URGE A NO VOTE ON QUESTION 1.
A legislative audit conducted by the State Auditor, who is an executive branch official, without the Legislature’s consent would violate the separation of powers and legislative supremacy described in and required by the Massachusetts Constitution.
The performance audits conducted by the State Auditor measure administrators’ performance in achieving the legislatively determined goals of the public policies they administer. The State Auditor cannot substitute her interpretation of those goals for the Legislature’s without compromising the constitutional independence and preeminence of the Legislature.
If enacted Question 1 would make the State Auditor into a political actor and a potentially influential participant in the legislative process, two roles that would clearly compromise the State Auditor’s ability to carry out her fundamental constitutional duty to conduct credible, independent, objective, and non-partisan audits of state government departments and programs.
Jerold Duquette
Professor of Political Science, Central Connecticut State University
Co-Founder & Senior Contributor, MassPoliticsProfs.org
1516 Stanley Street
New Britain, CT 05060
860-832-2964
www.masspoliticsprofs.org