MBTA Communities Act-related citizens petitions apparently not headed to state ballot

According to Secretary of State Bill Galvin’s office, it does not appear that any question related to the MBTA Communities Act will appear on the state ballot in 2026. The MBTA Communities Act requires Marblehead and 176 other cities and towns to rezone for more multifamily housing.

After a town vote in July, Marblehead is noncompliant with the MBTA Communities Act, but town leaders are working with a state-funded consultant to draft a new compliance plan before Town Meeting in May.

According to Debra O’Malley, Galvin’s communications director, organizers of 11 ballot petitions handed in “a significant number of signatures” to get on the ballot by today’s deadline. (The state required 74,574 certified signatures by Dec. 3.) 

Two MBTA zoning-related petitions, filed by John T. Kolackovsky of Rockport, were not among them. One question would have repealed the MBTA Communities Act, the other would give local communities more control over zoning.

Reached by the Current Wednesday afternoon, Kolackovsky said he did not count the number of signatures he collected and has “no guess” as to whether he had enough.

O’Malley said the MBTA Communities Act-related petitions had a “very small number of signatures” on a “few handfuls of paper.” In comparison, O’Malley said other petitions delivered “10-15 boxes of signatures.”

According to Commonwealth Beacon, the following are the campaigns whose leaders felt confident about hitting the initial signature requirement and moving forward. 

Rent control revival 

The “Keep Massachusetts Home” campaign, led by advocacy group Homes for All, would reverse the 1994 state ban on rent control — narrowly implemented by a ballot question — and in its place impose a statewide cap on rents at annual inflation or 5 percent, whichever is lower. 

It would be one of the strictest rent control policies in the country and apply to all of Massachusetts, not just cities and towns that have expressed an interest in the idea.

Income tax rate cut 

A business-backed coalition called the Massachusetts Opportunity Alliance is asking voters whether to slash the state’s income tax from 5% to 4% over a three-year period. 

Chris Anderson, president of the Massachusetts High Technology Council, said cutting the income tax by one-fifth could relieve voters from the state’s notoriously high cost of living. 

“People who leave Massachusetts cite high costs, and taxes are the top of that list,” Anderson said. 

But the proposal could also create massive headaches on Beacon Hill. Reducing the income tax rate by a percentage point could cut tax revenues by roughly $5 billion, experts say, at a time when elected officials are already grappling with budget pressures stemming from the federal government. 

The question of whether to reduce the flat income tax rate could appear before voters just four years after passage of another ballot question that imposed a 4% surtax on the state’s highest earners. 

Mandatory tax rebates 

Another question the Mass. Opportunity Alliance is pushing would overhaul the state tax collection cap, a law known as Chapter 62F. 

The proposal would tweak a law enacted by voters in 1986, which requires the state to return money to taxpayers when revenues surpass a certain threshold. Under the question, Beacon Hill would be more likely to bump into that cap, limiting the amount of money the state can expect to collect and forcing more frequent rebates. 

Chapter 62F had become largely forgotten until it burst back into the spotlight in 2022, when the state had to refund nearly $3 billion. 

Recriminalize recreational marijuana 

A decade after nearly 54% of voters supported legalizing recreational cannabis use, they might be asked whether to reverse course. 

Organizers are “confident” they have submitted enough signatures to put a question on the 2026 ballot that would ask “if recreational marijuana should be repealed,” according to Wendy Wakeman, a spokesperson for the campaign. 

“The rollout of marijuana sales in Massachusetts has been rife with corruption,” Wakeman said. “The results of legalized marijuana have been higher traffic incidents and problematic experiences of parents, employers, and mental-health professionals. Medical marijuana under our question would remain unchanged, but it’s time to take another look at the unfettered sale of a controversial product.” 

Recreational marijuana has been popular among Bay Staters since it launched, but oversight of the industry has been marked by disruption and upheaval. Lawmakers are moving toward an overhaul of the Cannabis Control Commission. 

Subject the governor’s office and Legislature to the public records law 

Massachusetts and Michigan are the only two states where the Legislature and the governor’s office both consider themselves exempt from their public records laws. 

Amid a sustained period of scrutiny on Beacon Hill, voters might be asked to change that through a ballot question that would require the governor’s office, the House, and the Senate to open up access to their records. (The question would not affect the judiciary, which is also exempt.) 

Auditor Diana DiZoglio, a transparency crusader who took over leading the campaign, said supporters submitted more than 100,000 signatures. 

“The people have had enough of the corrupt actions by top Massachusetts officials who fancy themselves above the law and hide public records regarding basics like financial data and state contracting information,” DiZoglio said.   

Rein in legislative stipends 

Transparency and good-government reformers also want to force the Legislature to curtail the use of stipend pay, and they say they submitted more than 90,000 signatures behind their question. 

Under current policy, lawmakers can earn thousands of dollars more per year in “stipends” for holding positions in party leadership or atop legislative committees. Skeptics argue that system encourages representatives and senators to rubber-stamp what legislative leaders require, or risk getting low-paying assignments as retribution for stepping out of line. 

“A legislator should work for the people, not for legislative leadership,” said Scotia Hille, executive director of Act on Mass. “Right now, the incentives are very much shifted in favor of legislative leadership.” 

The proposal would significantly overhaul the stipend system and limit how many stipends a single lawmaker could earn. 

House Speaker Ron Mariano has argued that legislative leaders are best equipped to determine which lawmakers should be awarded more responsibility and the pay that comes with it. 

“Every organization, the longer you’re involved, the more work you do, and the higher responsibility you have, you get increases in pay,” he said in August, according to the State House News Service. “And I think it’s one of the ways to keep people thinking about this job as a potential career.” 

All-party primaries 

Another campaign is pushing a question that would replace the state’s partisan primary elections with an “all-party primary” system, in which all candidates would appear on a single primary ballot and the top two vote-getters would advance to the general election, even if they are from the same party. 

Massachusetts has notoriously uncompetitive state elections, and organizer Jesse Littlewood said more than half of contests here over the past decade have had just a single candidate. An all-party primary system, he argued, would encourage more people to run. 

“A lack of competition slows down the process of hearing from voters, communicating and working with elected officials, and making sure that voters’ preferences are taken into account,” Littlewood said. “More competition means more responsiveness, that no votes are taken for granted, and that elected officials understand what their constituents really want to accomplish and are there to deliver for them.” 

Election Day voter registration 

Like the other activists who decided to pursue ballot questions, Galvin, the state’s top elections official, got tired of waiting for the Legislature to act on his push for Election Day voter registration. 

So the secretary launched a campaign to circumvent Beacon Hill and go directly to the public with his proposal, which would allow eligible prospective voters to register at their polling place on Election Day. 

Under current law, no one can newly register to vote, change their registration, or change their party affiliation in the 10 days before an election. Galvin said that deadline forces “literally tens of thousands of people in Massachusetts” to submit provisional ballots that are ultimately rejected every cycle.  

“I am convinced the resistance in the Legislature is too great, and there’s still a gap we have in our electoral process,” he told CommonWealth Beacon. “It disproportionately affects poorer people who are tenants and move around [and] people of color.” 

CPCS collective bargaining 

Labor groups pushing a measure on behalf of public defenders say they’ve gathered more than 110,000 signatures. 

The question, backed by SEIU Local 888 and the National Association of Government Employees, would clear the way for workers at the Committee for Public Counsel Services to collectively bargain. 

SEIU Local 888 president Tom McKeever said the proposal could affect hundreds of attorneys and support staff at CPCS, which is aggressively staffing up using new state funding. 

“These folks are doing yeoman’s work, and they want to be able to have the same rights as every other state employee in the Commonwealth,” McKeever said. “One hundred and eighty other state agencies have the right to collectively bargain, and CPCS does not.” 

The question would not affect private bar advocates, whose pay dispute earlier this year created upheaval in the courts

Starter home zoning 

One question filed by Pioneer Institute senior housing fellow Andrew Mikula takes aim at the state’s housing crunch with a zoning reform.   

Mikula said the campaign submitted about 103,000 signatures on the measure, which would prohibit municipalities from requiring minimum lot sizes for single-family homes to be greater than 5,000 square feet or to have at least 50 feet of frontage. 

Supporters dubbed their campaign “Legalize Starter Homes,” and Mikula said the effort would clear the way for more development of smaller homes. 

“Massachusetts is in the throes of a harrowing housing shortage that has raised prices and contributed to a lot of outmigration, especially among young people who are trying to form families for the first time,” he said. “By allowing homes to be built on smaller lots, academic research shows that facilitates the construction of smaller, lower-cost homes and also more homes.” 

Land and water conservation fund 

Rounding out the field, proponents say they gathered more than 100,000 signatures on a question that would redirect revenue from the state’s sales tax on sporting goods toward water and land conservation. 

The “Protect Water and Nature” campaign said the measure could steer $100 million per year toward creating outdoor recreational spaces, preserving natural areas, and protecting drinking water. 

“It’s clear that voters want to prioritize and protect our rivers, lakes, forests, farms, and other natural areas, especially as federal funding for land and water conservation is under threat,” said campaign supporter Andrew Sharpe. “With this ballot question, we can deliver clean water, healthy forests, more trails and parks, and access to the outdoors and nature for everyone in Massachusetts — all without raising taxes.” 

Any petitions that are determined to contain a sufficient number of certified signatures will be sent by Galvin’s office to the Legislature in January. If the Legislature does not pass an initiative through the normal legislative process by May 5, 2026, petitioners can begin collecting the additional 12,429 needed to place the question on the Nov. 3, 2026, state election ballot.

***This article includes reporting from the Commonwealth Beacon.

By Leigh Blander

Editor Leigh Blander is an experienced TV, radio and print journalist.

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