Welcome to the Tuesday, Dec. 3, 2024, Brew.
By: Ethan Rice
Here’s what’s in store for you as you start your day:
- Veto referendum on firearm regulations certified for 2026 ballot in Massachusetts
- Gubernatorial impeachment procedures
- Shift from Shopping to Giving – Support Ballotpedia This Giving Tuesday!
Veto referendum on firearm regulations certified for 2026 ballot in Massachusetts
Voters in Massachusetts will decide on a veto referendum in 2026 that would repeal House Bill 4855 (H. 4855), an omnibus-style bill that made several changes to the state’s firearm regulations.
The bill enacted multiple changes to firearm policies, including:
- Requiring the Department of Criminal Justice Information Services (DCJIS) to develop and maintain a real-time electronic system for firearm registration, requiring all firearms to be registered with the registrant’s personal and licensing information;
- Changing the law from a ban on people possessing, selling, or otherwise transferring assault weapons to a ban on assault-style firearms, except those registered by Aug. 1, 2024 (Note: The terms assault weapons and assault-style firearms are legal terms in Massachusetts with specific definitions.);
- Requiring a person to receive a basic firearms safety certificate to apply for a Firearm Identification Card (FID) or License to Carry (LIC);
- Mandating serial numbers for firearms, except antiques, and establishing penalties for possessing, creating, or transferring untraceable firearms;
- Allowing school administrators and licensed healthcare providers to request that a court issue an Extreme Risk Protection Order, which requires individuals to surrender firearms, licenses, and permits; and
- Permitting courts to order people to surrender firearms when issuing Harassment Prevention Orders, among other changes.
The political action committee (PAC) leading the campaign behind the veto referendum is The Civil Rights Coalition, and Toby Leary, co-owner of Cape Gun Works, chairs the campaign. The group wants a “no” vote on the referendum in order to repeal the bill. A “yes” vote would uphold H. 4855. Leary said, “Gun rights are civil rights and it’s our belief that, just like other civil rights that have been hard fought in our country’s history, this is one worth fighting for. If you allow the right to keep and bear arms to be eroded, then every other civil right enumerated in our Bill of Rights could just as easily be taken away.”
The Massachusetts Coalition to Prevent Gun Violence, which supports upholding H. 4855, issued a statement that said: “Every resident of Massachusetts has the right to live free from the threat and trauma of gun violence. … This comprehensive gun violence prevention law gives us more of these tools, and the Coalition is committed to protecting this lifesaving piece of legislation from repeal.”
Massachusetts voters last decided on a firearms measure in 1976, when they rejected Question 5 69.21% to 30.79%. It would have prohibited the possession, ownership, or sale of handguns (defined as weapons capable of discharging a shot or bullet with a barrel length of less than 16 inches), with exceptions.
The veto referendum on H. 4855 is the first of its kind to address firearms in Massachusetts. While Question 5 was proposed legislation, a veto referendum is against legislation that was signed into law. In other words, a veto referendum is about overturning a law rather than passing a new one.
In 1918, voters approved a constitutional amendment that established the initiative and referendum process in the state. From 1919 to 2024, voters decided on 22 veto referendums. Voters upheld 12 bills (55%) and repealed 10 (45%). The most recent veto referendum was in 2022, when voters approved Question 4, upholding House Bill 4805 (H. 4805). The legislation allowed people without verified citizenship or immigration status to obtain a driver’s license or motor vehicle registration with other forms of identification.
The campaign for the veto referendum filed 93,229 signatures, of which 78,707 were deemed valid. The campaign needed 37,287 signatures to get the measure on the ballot. Under Massachusetts law, signatures equal to 2 percent of the total votes last cast for governor are required to both suspend the law and force an election. An additional 12,429 signatures were needed to suspend the law until voters decided on the referendum in 2026.
The bill was not suspended because Gov. Maura Healey (D) issued an emergency preamble on Oct. 2, causing the bill to go into effect before signatures were verified. Healey said, “It is important that these measures go into effect without delay.” Leary responded, “No doubt, under Article 48 [of the Massachusetts Constitution], there’s a provision there for a governor to sign an emergency preamble. However, the way in which it was done for purely political purposes to suppress a right, I believe the courts would look very disfavorably on.”
Across the 23 states that provide for a veto referendum process, one referendum addressed firearms: Maryland Question 3 of 1988. Voters approved Question 3, upholding legislation prohibiting the manufacture or sale of handguns not included on the state’s roster of permitted handguns.
Between 1906 and 2024, 529 veto referendums appeared on the ballot in 23 states. Voters repealed 343 (64.8%) of the targeted laws and upheld 186 (35.2%) of the targeted laws. The most common topic for veto referendums has been taxation, with 83 different referendums concerning taxes. Voters rejected the targeted legislation 61 times and upheld the legislation 22 times.
Click the link below to read more about the veto referendum to repeal Massachusetts House Bill 4855.
Gubernatorial impeachment procedures
On Nov. 5, Oregon voters approved Measure 115, the Impeachment of Elected State Executives Amendment. The constitutional amendment allows the Oregon Legislature to impeach and remove elected state executives. With the measure’s passage, Oregon became the final state to provide gubernatorial impeachment powers to the state legislature.
Impeachment is the process in which an elected official, such as a governor, is charged with, and tried for, crimes or misconduct committed in office. A conviction usually means the official is removed form office and banned from running again.
In most states, the process is similar to that used for presidential impeachments. If the lower chamber of a state legislature votes in favor of impeachment (i.e., votes to formally charge a state executive with an impeachable offense), then the upper chamber functions as a court and votes on whether to convict the official.
There are some exceptions to the above. For example:
- In Alaska, the upper chamber votes to impeach, and the lower chamber functions as the court.
- In Missouri, a panel of seven judges selected by the Missouri Senate try impeachments, and five of the seven judges are required to convict.
- In Nebraska, if the unicameral legislature votes in favor of impeachment, the Nebraska Supreme Court tries the governor.
- In Oklahoma, an impeached governor is tried before both state legislative chambers sitting in joint session.
In the nation’s history, the governors of a dozen states have faced a total of 16 impeachment votes. Three states—Florida, Louisiana, and Oklahoma—have had more than one gubernatorial impeachment vote.
Nine governors were impeached and later convicted and removed form office. The National Conference of State Legislatures has suggested two potential reasons for the relative infrequency of gubernatorial impeachments: the perception that impeachment is a drastic measure and the likelihood of officers resigning before they can be impeached.
Click the link below for more information on gubernatorial impeachments.
Shift from Shopping to Giving – Support Ballotpedia This Giving Tuesday!
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