massachusetts

Massachusetts Upholds Corporate Campaign Contribution Limits in ‘Union Loophole’ Case

Election Law Society · November 26, 2018 ·

By: Jared Mullen

Earlier this month, Massachusetts’s highest court rejected a challenge to the Commonwealth’s longtime ban on corporate campaign contributions. First enacted in 1907, G. L. c. 55, § 8 prohibits corporations, partnerships, and LLCs from contributing directly to political campaigns or political action committees. At the same time, unions, non-profit organizations, and trade associations may directly contribute up to $15,000 to political campaigns in the commonwealth, while individuals may contribute up to $1,000. Corporations may still contribute to Super PAC’s, which do not coordinate with political campaigns, as well as make independent political expenditures of their own.

Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

Election Law Society · February 21, 2017 ·

By: Angela M. Evanowski

On October 24, 2016, famous singer and actor Justin Timberlake found himself in trouble after posting a “ballot selfie” on his two social media accounts, Twitter and Instagram. Timberlake, who is registered to vote in Tennessee, flew from California to his home voting county and posted the selfies in order to encourage millennials and fans to vote. However, to the surprise of Timberlake, the state of Tennessee earlier this year passed a law banning voters from taking photographs or videos during the voting process. Luckily, for this famous former boy-band member, he is not going to face any criminal charges or punishment for posting his ballot selfies. [Read more…] about Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

Early Voting: Welcome to Massachusetts

Election Law Society · October 27, 2016 ·

By: John Jongbloed

This year’s election cycle will be the first in which Massachusetts citizens are permitted to participate in early voting in state elections. This recent development in Massachusetts’ election law is accompanied by several other changes and results from the enactment of An Act Relative to Election Laws, 2014 (HB 3788). More specifically, the reform bill provides for early voting in biennial state elections between eleven and two days before election day.

Massachusetts Rules against Ban on Lying in Campaigns

Election Law Society · February 5, 2016 ·

By: David Schlosser

Over the summer of 2015, a Massachusetts law banning lying in campaign ads was struck down by that state’s highest court. This decision mirrors that of an Ohio federal judge last year, a case previously covered on this blog by Sarah Wiley. Like the Ohio law, the Massachusetts law criminalized telling lies about candidates for political office, and was as on the books for several decades before being successfully challenged in court. The lawsuit arose when a Democratic state representative alleged that a right-leaning PAC lied in a campaign brochure. The brochure in question alleged that Rep. Brian Mannal sponsored a bill that would “help convicted sex offenders” because he—as a defense attorney who had represented sex offenders in the past—stood to profit. Mannal maintained that he never provided legal representation to sex offenders. One of the bills in question would make GPS tracking devices optional for sex offenders on parole, rather than mandatory. After filing the bill in 2013, Mannal reported that he received death threats.

Challenges to Direct Democracy: The Massachusetts Right to Repair Ballot Question

Election Law Society · January 1, 2013 ·

by Jaclyn Petruzzelli

In an exercise of their democratic freedoms under state law, Massachusetts residents successfully petitioned to have three distinct initiatives posed to voters on November 6^th. Of those three ballot questions, two received widespread media attention: (1) the legalization of medical marijuana, which ultimately passed by a wide margin, and (2) the legalization of prescribing medication to end life, which, after passionate debate, was defeated by a relatively small percentage of voters. Meanwhile, results for the third ballot initiative regarding the availability of motor vehicle repair information for independent repair shop owners, more commonly referred to as the “right to repair,” were not so much as acknowledged by major news organizations. However, after receiving strong voter support on Election Day, the right to repair initiative has begun to gain some media attention.

On August 8^th, over a month after the deadline was met to have the right to repair initiative placed on the ballot, Governor Deval Patrick signed Bill H.4362 into law. This act “protecting motor vehicle owners and small businesses in repairing motor vehicles” included variations of many of the provisions within the right to repair initiative, all of which had been thoroughly debated between legislators and leaders in the automobile industry; and subsequently were passed with unanimous bipartisan support. Proud of their accomplishments, legislators urged voters to ignore the right to repair ballot question in order to avoid having to reconcile Bill H.4362 with the statute drafted by the citizens. [Read more…] about Challenges to Direct Democracy: The Massachusetts Right to Repair Ballot Question