Data Request for Local Ballot Initiatives/Referenda (Secretary of the Commonwealth of Massachusetts)

Jimin Han filed this request with the Secretary of the Commonwealth of Massachusetts of Massachusetts.
Multi Request Data Request for Local Ballot Initiatives/Referenda
Submitted March 5, 2024
Status
Completed

Communications

From: Jimin Han

Subject: Massachusetts Public Records Law Request: Data Request for Local Ballot Initiatives/Referenda (Secretary of the Commonwealth of Massachusetts)

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To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

I am requesting data on local ballot initiatives/referenda that took place in the state since 1972. Specifically, I need the following information to be included in the data.

1. Text of the ballot initiative/referendum
2. Local government where the election took place.
3. County where the local government is located
4. Election date
5. Result of election (votes for, votes against, pass/fail)
6. Threshold to pass (50%, two-thirds, etc)

I have located a potential data source from your state at the following link: https://electionstats.state.ma.us/ballot_questions/search/year_from:1972/year_to:2022/type:is_local
However, the data at this link does not contain information on the election date or threshold above. In addition, it contains only information on elections after 2002, while I request data for elections since 1972.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jimin Han

From: Secretary of the Commonwealth of Massachusetts

Subject: RE: Massachusetts Public Records Law Request: Data Request for Local Ballot Initiatives/Referenda (Secretary of the Commonwealth of Massachusetts)

Email

Hello,

Your request has been forwarded to the Elections Division for response.

As you note in your request, ballot question data can be found at www.electionstats.state.ma.us<http://www.electionstats.state.ma.us>. This database includes all results certified by this office for candidates and questions which appeared on state ballots.

The vast majority of local ballot questions appear on local election ballots. Those local elections are administered by local election officials and the results are not submitted to or certified by this office. As such, this office does not have local election results for those questions which did not appear on the state election ballot.

Cities and towns may choose to add specific types of local ballot questions to the state election ballot, if the law allows for it. In general, the two most common types of ballot questions included on the state ballot are so-called “Proposition 2 ½” questions and Community Preservation Act questions, as those laws specifically allow for the questions to appear on the state ballot. These laws are relatively new, and such questions were not included on ballots until the 1980s, for Prop 2 ½, and the early 2000s, for CPA questions.

Attached is a spreadsheet of all ballot questions currently in our election results database. Again, it must be noted that this will not include any local question which appeared on a local election ballot.

Finally, please note that county name is the attached file, because counties are not relevant to election administration or local government in Massachusetts.

Regards,
Debra O’Malley
Elections Division
Secretary of the Commonwealth
(617) 727-2828

Please be advised that you may appeal this response to the Supervisor of Public Records within 90 days or seek judicial review by commencing a civil action in superior court. G.L. c. 66 §10(A); 950 CMR 32.08(1).

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