Massachusetts Constitution

Article Amendment XLVIII, § III. Referendum Petitions — III. Referendum Petitions.

Massachusetts Const. art. Amendment XLVIII, § III. Referendum Petitions

This text of Massachusetts Const. art. Amendment XLVIII, § III. Referendum Petitions (III. Referendum Petitions.) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionMassachusettsDocumentConstitution
ArticleAmendment XLVIII
Section§ III. Referendum Petitions
CitationMassachusetts Const. art. Amendment XLVIII, § III. Referendum Petitions
Bluebook
Mass. Const. art. Amendment XLVIII, § III. Referendum Petitions.

Full Text

Section 1.Contents.- A referendum petition may ask for a referendum to the people upon any law enacted by the general court which is not herein expressly excluded. Section 2.Excluded Matters.No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition. Section 3.Mode of Petitioning for the Suspension of a Law and a Referendum Thereon.- A petition asking for a referendum on a law, and requesting that the operation of such law be suspended, shall first be signed by ten qualified voters and shall then be filed with the secretary of the commonwealth not later than thirty days after the law that is the subject of the petition has become law. [The secretary of the commonwealth shall provide blanks for the use of subsequent signers, and shall print at the top of each blank a description of the proposed law as such description will appear on the ballot together with the names and residences of the first ten signers. If such petition is completed by filing with the secretary of the commonwealth not later than ninety days after the law which is the subject of the petition has become law the signatures of not less than fifteen thousand qualified voters of the commonwealth, then the operation of such law shall be suspended, and the secretary of the commonwealth shall submit such law to the people at the next state election, if thirty days intervene between the date when such petition is filed with the secretary of the commonwealth and the date for holding such state election; if thirty days do not so intervene, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed; and if it shall be approved by a majority of the qualified voters voting thereon, such law shall, subject to the provisions of the constitution, take effect in thirty days after such election, or at such time after such election as may be provided in such law; if not so approved such law shall be null and void; but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election.] Section 4.Petitions for Referendum on an Emergency Law or a Law the Suspension of Which is Not Asked for.- A referendum petition may ask for the repeal of an emergency law or of a law which takes effect because the referendum petition does not contain a request for suspension, as aforesaid. Such petition shall first be signed by ten qualified voters of the commonwealth, and shall then be filed with the secretary of the commonwealth not later than thirty days after the law which is the subject of the petition has become law. [The secretary of the commonwealth shall provide blanks for the use of subsequent signers, and shall print at the top of each blank a description of the proposed law as such description will appear on the ballot together with the names and residences of the first ten signers. If such petition filed as aforesaid is completed by filing with the secretary of the commonwealth not later than ninety days after the law which is the subject of the petition has become law the signatures of not less than ten thousand qualified voters of the commonwealth protesting against such law and asking for a referendum thereon, then the secretary of the commonwealth shall submit such law to the people at the next state election, if thirty days intervene between the date when such petition is filed with the secretary of the commonwealth and the date for holding such state election. If thirty days do not so intervene, then it shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed; and if it shall not be approved by a majority of the qualified voters voting thereon, it shall, at the expiration of thirty days after such election, be thereby repealed; but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election.]

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History

Section 3 amended by section 2 of Amendments, Art.LXXIVand section 4 of Amendments, Art.LXXXI; Section 4 superseded by section 3 of Amendments, ArtLXXIVand section 5 of Amendments, Art.LXXXI.

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Massachusetts Const. art. Amendment XLVIII, § III. Referendum Petitions, Counsel Stack Legal Research, https://law.counselstack.com/constitution/ma/Amendment XLVIII/III. Referendum Petitions.