This is the first in a series of articles examining the five ballot questions facing voters on Nov. 5.
As early voting approaches for the Nov. 5 election, Marblehead residents face a decision on a contentious statewide ballot measure that has sparked debate among local political figures.
Question 1 would explicitly authorize the state auditor to audit the Massachusetts Legislature, a power current Auditor Diana DiZoglio says she already possesses but legislative leaders dispute.
The measure has ignited discussions about government transparency and the separation of powers between branches of state government. It’s pitted DiZoglio, a Democrat, against leaders in her own party who control the Legislature.
State Rep. Jenny Armini opposes Question 1.
“I believe Question 1 is unconstitutional,” Armini said. “The executive branch, which includes the auditor, cannot investigate the inner workings of the legislative branch. That violates the separation of powers.”
Armini said if voters approve the measure, it will likely face a legal challenge and end up before the state’s Supreme Judicial Court.
Judith Black, a Marblehead resident and climate activist, supports Question 1, arguing it’s necessary to shed light on legislative operations.
“Our legislature has forced us into this kind of decision, because there is no transparency,” Black said. “We don’t know what goes on.”
She believes that powerful leaders in the Legislature reward their allies with lucrative committee chairmanships, which can boost lawmakers’ pay by tens of thousands of dollars annually.
“Once you’re given that, you have full allegiance to the speaker, because you do not want to put that at risk,” Black said.
Attorney General Andrea Campbell issued a 17-page opinion stating the auditor lacks authority to audit the Legislature without its consent. Campbell said the term “departments” in the law authorizing the auditor’s powers refers only to executive branch agencies.
DiZoglio has made the push for legislative audits a centerpiece of her tenure since taking office. She argues the Legislature should be subject to the same scrutiny as other state entities.
The auditor’s campaign says the measure would allow examination of legislative spending, hiring practices and other operations. It would not permit review of individual lawmakers’ decision-making or votes.
Question 1 critics say the Legislature already faces scrutiny through existing ethics rules, public records laws and the electoral process. They argue an executive branch official shouldn’t have oversight of a co-equal branch of government.
The measure is expected to pass, according to recent polling. A survey by Emerson College in August found 80% of registered voters supported allowing the auditor to examine legislative operations.
“I can’t imagine that it won’t pass,” Black said. “I think people have had it with our lack of transparency.”
She framed the auditor question as part of a larger push for government accountability.
“We want to see what’s going on. Who’s voting for what, and are they doing it efficiently?”
Early voting begins Oct. 19 at Abbot Hall and runs through Nov. 1. Town Clerk Robin A. Michaud encourages residents to take advantage of these opportunities.
The last day to register to vote is Oct. 26. Residents can register online at sec.state.ma.us/OVR/.
