Marblehead voters heading to the polls this fall will have more to consider than candidates for governor, Congress and the Legislature.
They will also be asked to decide nine statewide ballot questions covering everything from public records and elections to taxes, housing, marijuana and guns.
It is the largest number of statewide questions Massachusetts voters have faced since 1994. The unusually long list means ballots in many communities are expected to run two or three pages.
The Current is writing a series of articles on how these ballot questions impact Marblehead, with input from local leaders. We begin this week with Question 1, which would expand the public records law.
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Question 1 asks voters whether the governor’s office and state Legislature should be brought under Massachusetts’ public records law.
For Marblehead residents, public records requests are already a familiar part of local government. Town and school departments are subject to the state public records law and regularly respond to requests for emails, documents and other government records.
So far in 2026, Marblehead town departments have received more than 80 public records requests, according to Kyle Wylie, assistant to Town Administrator Thatcher Kezer.
The volume is also significant in the school district. Superintendent John Robidoux said Marblehead Public Schools received approximately 55 public records requests during the 2024-25 school year and 74 in 2025-26.
Robidoux said the district generally provides the first two hours of work at no charge, then assesses a fee of $25 per hour for work including searching, segregating, redacting and copying records. Fees assessed for individual requests have ranged from $150 to more than $20,000, he said.
The governor’s office and Legislature, however, are largely exempt from the public records requirements that apply to local governments and many state agencies.
A “yes” vote on Question 1 would bring the governor and Legislature under the existing public records law, with certain exemptions. A “no” vote would leave the current system in place.
State Rep. Jenny Armini, D-Marblehead, said she supports the goal of Question 1 but has “constitutional concerns about its implementation.”
“Government transparency itself is not a constitutional problem,” she said. “The question is whether the Legislature’s unique constitutional status requires a different approach to making it happen.”
Because Question 1 would place the Legislature under the existing Chapter 66 public records law, Armini said enforcement would fall to the secretary of the commonwealth, who is part of the executive branch, potentially raising separation-of-powers concerns.
The Senate asked the Supreme Judicial Court earlier this year for an advisory opinion on constitutional questions surrounding the ballot measure. Armini said the court responded that issues involving separation of powers and legislative privilege should be resolved through actual litigation if the measure becomes law rather than through an “abstract” advisory opinion.
“So, that leaves us with a ballot question that will very likely be tied up in litigation should it pass,” Armini said.
She also raised concerns about protecting communications from constituents who contact legislators about sensitive personal matters.
Question 1 includes an exemption for certain constituent communications involving requests for assistance with government benefits or services or interactions with government agencies. Armini said she does not believe that exemption goes far enough because constituents often contact lawmakers for advice or help that falls outside those categories.
The proposal also exempts certain materials related to policy development, a provision Armini supports.
“The legislative process is just that — a process — and policymakers require the ability to discuss ideas, share information, develop proposals and weigh the pros and cons in confidence,” she said.
Sen. Brendan Crighton, who represents Marblehead, declined to comment on any of the nine ballot questions.
“While it is my duty as a legislator to draft, debate and vote on legislation in the state Senate with full transparency and public accountability, ballot measures belong entirely to the voters,” he wrote in an email to the Current.
Emily DeJoy of the Marblehead Republican Town Committee said the group supports Question 1.
“We believe Massachusetts residents deserve meaningful transparency and accountability from their elected officials,” she said. “The Legislature and Governor’s Office should be subject to the same fundamental public-records standards as other government institutions.”
While the town’s Democratic Committee has not yet issued any formal positions on ballot measures, Chair Anne Gugino Carrigan said she also supports Question 1.
