Voter law campaigns finding path to ballot unobstructed
Published: 09-26-2024 5:00 PM |
Massachusetts voters will be asked this fall to decide the largest field of potential new laws in years, but despite the volume, most of the action so far is concentrated on just a couple of the ballot questions.
Less than two months away from the election, three of the five measures have not seen a single dollar spent urging voters to say “no.” At least two of those questions, authorizing the auditor to audit the Legislature (Question 1) and allowing app-based drivers to unionize (Question 3), forecast to have no organized opponents. Another, decriminalizing psychedelic substances (Question 4), has an opposition campaign that’s still preparing to launch.
Political fisticuffs are already intense on a teachers union plan to eliminate the use of MCAS exam results as a graduation requirement (Question 2) and a measure that would increase what employers must pay to tipped workers, including wait staff and bartenders (Question 5). Each of those questions has drawn more than $1 million in opposition fundraising through Sept. 15, according to the Office of Campaign and Political Finance.
That’s not the case for the three other questions, where voters are mostly hearing from one side only.
Opponents have laid out arguments for voting “no” in the voter information booklet published by the secretary of state’s office and in legislative reports summarizing the case for and against each initiative petition. But consistent, outright campaigning has not materialized.
For nearly two years, the status and benefits afforded to ride-for-hire drivers on Uber and Lyft has been debated on Beacon Hill – even longer if look back to an industry-backed measure that was headed for the ballot in 2022 until the courts deemed it ineligible.
Voters were on track to have two intertwined questions to decide, one allowing drivers to unionize and the other explicitly classifying those drivers as independent contractors. But after Attorney General Andrea Campbell reached a legal settlement with Uber and Lyft, the companies and their allies decided to drop their ballot question, leaving only the driver unionization proposal.
Now, that measure will cruise to the ballot without any formal opponents.
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“While we do have concerns with some of the language in the ballot – and plan to pursue changes via the legislature next session – Uber will not be running a campaign opposing Question 3,” Uber spokesperson Freddi Goldstein said. “Nearly 80% of Uber drivers support our agreement with Attorney General Campbell from earlier this year. We have no doubt that if drivers choose to organize, they will hold the benefits they’ve already won central to any negotiations and maintaining their flexibility will remain a top priority.”
Goldstein added that Uber has concerns about some of the proposed “thresholds” for drivers forming unions. The question would allow a small group, equal to 5% of active drivers, to authorize forming an organization, which would then receive a list of all active drivers from the company. If that group secured support from at least 25% of all active drivers, it could gain recognition as the exclusive bargaining representative for drivers.
“Currently, a majority of drivers will not have a voice in the process,” Goldstein said.
A Lyft spokesperson did not respond to a News Service request for comment.
It hasn’t been an unencumbered stroll for 32BJ SEIU and the International Association of Machinists, the unions pushing the question.
The right-leaning Massachusetts Fiscal Alliance unsuccessfully challenged the proposal before the state’s highest court, arguing that it improperly combined topics in violation of Constitutional requirements.
Despite its lawsuit – and penning the case in the secretary of state’s election guide for voters not to support the question – MassFiscal does not plan to mount a formal opposition campaign, according to spokesperson Paul Craney.
“That the industry that will be regulated is taking a pass on opposing it says a lot,” Craney said. “Ultimately, it means that this issue, if it passes in November, is going to be litigated in court, and that’s where the focus is going to be.”
The outlook is similar for a proposal that would explicitly empower the state auditor to audit the Legislature.
Top Democrats who would be subject to the new oversight pointedly oppose the idea, arguing both that it would violate the Constitutional separation of powers and also that Auditor Diana DiZoglio cannot objectively perform that work because of her past service – and high-profile clashes – in the House and Senate.
Yet CommonWealth Beacon reported last month that legislative leaders will not run a campaign against the question and could instead challenge it in courts if voters approve it.
The measure already appears to have overwhelming support. A MassINC Polling Group poll released this week found 70% of voters would cast ballots today in support of auditing the Legislature, compared to just 8% who would oppose it – by far the widest margin of the four ballot questions pollsters examined in their survey.
Rounding out the trio of ballot questions with no reported opposition spending is a proposal that would decriminalize some psychedelic substances like psilocybin mushrooms.
There is a campaign committee chaired by Mass. General Hospital surgeon Anahita Dua crafted to oppose the measure, but it has not conducted any fundraising or spending, according to Chris Keohan, a spokesperson for the opponents. Keohan said his communications work for the group has been on a volunteer basis, but expects his firm, Shawmut Strategies Group, to be paid if money begins flowing.
Keohan said the opposition effort should pick up steam in the coming weeks. The committee plans to announce some endorsements soon, and Keohan added that he expects a public debate with proponents in October.
The race appears to be tight even before the “no” campaign gets into gear. The MassINC poll of 800 likely voters, conducted between Sept. 12 and Sept. 18, found 44% opposition for the psychedelics question and 42% support.
Supporters have raised more than $4.3 million so far, according to OCPF data.