League of Women Voters v. Secretary of the Commonwealth

425 Mass. 424
CourtMassachusetts Supreme Judicial Court
DecidedJuly 11, 1997
StatusPublished
Cited by12 cases

This text of 425 Mass. 424 (League of Women Voters v. Secretary of the Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
League of Women Voters v. Secretary of the Commonwealth, 425 Mass. 424 (Mass. 1997).

Opinion

Wilkins, C.J.

Before us is a reservation and report, on the pleadings and a statement of agreed facts, of a challenge to the constitutionality of chapter 230 of the Acts of 1994 (chapter 230), which the people approved as an initiative petition at the November 8, 1994, election under art. 48 of the Amendments to the Constitution of the Commonwealth.2 Chapter 230 purports (a) to limit the number of consecutive terms for which a public officer may be listed on primary and general election ballots to serve in the same public office and (b) to eliminate the pay, perquisites, and privileges of certain public officers if reelected after serving a number of consecutive terms specified in chapter 230. The plaintiffs contend that a statute adopted by the people pursuant to the initiative process may not legislate qualifications for those public officers in addition to those qualifications that appear in the Constitution.

Chapter 230 has commonly been called a term limits statute. The information for voters, published by the then Secretary of the Commonwealth, concerning 1994 ballot questions described the proposed law, which became chapter 230, under the heading of “Term Limits.” The legislative committee’s minority report and the argument in favor of the proposal accompanying the voter information characterized the proposal as a term limits measure. Indeed, the statement of agreed facts refers to chapter 230 as a term limits statute. We eschew the characterization, for the moment, because one issue before us is whether chapter 230 establishes limits that are in effect statements of qualifications for office (i.e., is in fact a term limits statute) or whether chapter 230 merely regulates elections. To call chapter 230 a term limits statute, before we decide that issue, would suggest that we have prejudged that question.

We shall summarize portions of chapter 230 that are significant for this case. Section 1 of chapter 230 inserted a new paragraph in G. L. c. 53, § 48, as appearing in the 1992 official edition of the General Laws. Important portions of that paragraph, which is [426]*426set forth in full in the margin,3 were accurately described by the Attorney General in his summary submitted to the voters in 1994 as follows:

“This proposed law would prevent the name of a person from being printed on a state primary or general election ballot as a candidate for one of a number of specified state and federal public offices, if the person had already served a certain number of consecutive terms in that office within a fixed period preceding the end of the then-current term of office. If such a person were still elected by write-in vote to one of the state offices (except the office of Governor), the person would serve without a salary, and in some of the state offices, without payment for' certain expenses.
“Under the proposed law, the name of a person could not be printed on a primary or general election ballot as a candidate for the office of Governor, Lieutenant Governor, [427]*427Secretary of State, State Treasurer, State Auditor, or State Attorney General, if the person had served two consecutive terms (eight years) in that office in the eleven years prior to the end of the then-current term of office. The name of a person could not be printed on a primary or general election ballot as a candidate for the office of Governor’s Councillor, State Representative, State Senator, or United States Representative from Massachusetts, if the person had served four consecutive terms (eight years) in that office in the nine years prior to the end of the then-current term of office. The name of a person could not be printed on a primary or general election ballot as a candidate for the office of United States Senator from Massachusetts, if the person had served two consecutive terms (twelve years) in that office in the seventeen years prior to the end of the then-current term of office. The proposed law would not prevent any voter from casting a write-in vote for any person as a candidate for any office.”

We are not concerned in this case with the offices of United States Senator and United States Representative.4

The Attorney General’s summary also described the limitations on compensation and benefits that chapter 230 would impose on any person elected in spite of his or her ineligibility to have his or her name printed on the ballot. He stated, “If a person made ineligible by the proposed law to have his or her name printed on the ballot as a candidate for the office of Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, State Attorney General, Governor’s Councillor, State Representative or State Senator were still elected to that office by write-in vote, the person would serve without a salary. If such a person were elected to the office of Lieutenant Governor, Governor’s Councillor, State Representative or State Senator, the person would also serve without payment for certain expenses.”

A person may be elected to a public office established by the Constitution of the Commonwealth only if he or she has the qualifications that the inhabitants of the Commonwealth have [428]*428established “by their frame of government.” Art. 9 of the Massachusetts Declaration of Rights.5 The frame of government is Part II of our Constitution. See McDuffy v. Secretary of the Executive Office of Educ., 415 Mass. 545, 564 (1993). Part II sets forth qualifications for Governor (Part II, c. 2, § 1, art. 2, as amended by arts. 7 and 34, of the Amendments to the Massachusetts Constitution), Lieutenant Governor (Part n, c. 2, § 2, art. 1, as amended by arts. 7 and 34), Councillor (Part II, c. 2, § 3, as amended by arts. 16 and 25, of the Amendments), other constitutional officers (Part n, c. 2, § 4, as amended by arts. 17, 64, and 82, of the Amendments), and members of the House of Representatives (Part II, c. 1, § 3, art. 3, as amended by arts. 13; 21; 71; 92; 101, § 1; and 109, of the Amendments) and of the Senate (Part n, c. 1, § 2, art. 5, as amended by arts. 13; 22; 71; 92; 101, § 2; and 109, of the Amendments.6

It is well settled that the Legislature may not change qualifications for public office that are prescribed by the Constitution. See Opinion of the Justices, 240 Mass. 611, 614 (1922); Opinion of the Justices, 165 Mass. 599, 601 (1896); Kinneen v. Wells, 144-Mass. 497, 499 (1887) (voter qualification). Cf. Part n, c. 1, § 1, art. 4, of the Massachusetts Constitution; Wood v. Election Comm’rs of Cambridge, 269 Mass. 67, 70 (1929); Opinion of the Justices, 240 Mass. 611, 613 (1922) (Legislature may fix reasonable qualifications for office of district attorney).7 The Secretary argues that (1) the act does not establish or change any qualifi[429]*429cation for office because it simply regulates elections and (2) the people, in any event, have the authority to approve qualifications for public offices by acting pursuant to the statutory initiative provisions of art. 48 of the Amendments to the Constitution. We consider each of these arguments in turn and reject them.

The limitations on the right of certain incumbents to have their names printed as candidates for reelection will discourage them, in all reasonable likelihood, from seeking reelection and, if they try, cause their defeat.

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425 Mass. 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-women-voters-v-secretary-of-the-commonwealth-mass-1997.