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Ballot Question 1: A close look at the proposal to audit the Massachusetts Legislature

In a file photo, Massachusetts State Senate President Karen Spilka speaks with then-Gov. Charlie Baker in a newly refurbished Senate Chamber.
State House News Service
In a file photo, Massachusetts State Senate President Karen Spilka speaks with then-Gov.Charlie Baker in a newly refurbished Senate Chamber.

Para leer este artículo en español, haz clic aquí.

In Massachusetts, Question 1, if passed this November, would give the state auditor's office the ability to look into various activities of the Legislature. It would not include a financial audit, but instead probe into how lawmakers are performing when it comes to state policies and procedures.

NEPM’s Carrie Healy asked reporter Adam Frenier about this question and its origins.

Adam Frenier, NEPM: Putting this question on the ballot is the latest attempt by state Auditor Diana DiZoglio, a former lawmaker herself, to audit her former colleagues. She first tried to compel House Speaker Ron Mariano and state Senate President Karen Spilka to comply with her request to look into the Legislature's affairs, but was turned back, with both leaders saying the auditor didn't have the authority to do so.

Then, DiZoglio asked state Attorney General Andrea Campbell to sue on her behalf to force Mariano and Spilka to comply. But the AG said what the auditor was trying to do was unconstitutional. So now DiZoglio and supporters have this on the ballot after they gathered enough signatures to do so.

Carrie Healy, NEPM: A lot going on here. What does DiZoglio say is her motivation?

Well, part of this is DiZoglio trying to keep a campaign promise from when she was elected almost two years ago. She has said in the past, the Legislature in Massachusetts is one of the least transparent in the nation, and more transparency is needed.

The auditor has also said that she wants to make sure state procurement policies are being followed, for instance, and wants to make sure training on issues such as sexual harassment and ethics have been completed.

Those are both big issues for the Legislature in recent years. So, is there any organized opposition to Question 1?

Well, there isn't, but certainly the desires of the legislative leaders, Mariano and Spilka, and their public statements are a type of opposition.

And DiZoglio's predecessor, Suzanne Bump, went on the record earlier this year during a hearing on Beacon Hill about this initiative. Bump said DiZoglio may have some valid concerns about a lack of transparency and how the Legislature operates.

"Her ardent advocacy, however, of her agenda, renders implausible any claim to the legally required objective and non-ideological attitude of an auditor. Her clearly stated goal is to gain the power to change the operations of the state Legislature,” Bump told lawmakers.

That conflict of interest that Bump is talking about here is that DiZoglio came to the auditor's office directly from the Legislature. And when she was there, DiZoglio was highly critical of how things were done in the chambers.

OK, so the legislative leaders oppose this. Are there some other lawmakers supporting it?

Well, at least one state senator, Adam Gomez of Springfield, has spoken in favor of Question 1 — during a primary election debate back in August. He had this to say when asked about it:

 “I have helped [the auditor] with this piece of legislation. Therefore, I support it 110%. So I am hand in hand with Diana DiZoglio,” Gomez said.

I should note that when I asked Gomez recently to comment further about his thoughts, he declined an interview request. And two other western Mass. lawmakers, Rep. Aaron Saunders and Sen. Jake Oliveira, both told the Daily Hampshire Gazette they were opposed to Question 1.

 What about voters? What have polls leading up to the election been saying?

This has been one of the most popular ballot questions among those polled. It has been seeing support in the 70 to 80% range. So, this idea of more transparency on Beacon Hill seems to be quite popular among likely voters.

But isn't it possible, if ballot Question 1 does indeed pass, that the battle might not quite be over?

That certainly could be true. Lawmakers could make key changes, even if voters do approve it. It could be a similar situation to the marijuana legalization question some years back, which the Legislature did end up modifying.

It's also possible a legal challenge could be mounted trying to overturn this change to the law. My hunch is people like House Speaker Ron Mariano and Senate President Karen Spilka won't just take this sitting down.

Adam joined NEPM as a freelance reporter and fill-in operations assistant during the summer of 2011. For more than 15 years, Adam has had a number stops throughout his broadcast career, including as a news reporter and anchor, sports host and play-by-play announcer as well as a producer and technician.
Carrie Healy hosts the local broadcast of "Morning Edition" at NEPM. She also hosts the station’s weekly government and politics segment “Beacon Hill In 5” for broadcast radio and podcast syndication.
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