A report released today by the Center for State Policy Analysis (cSPA) at Tufts University's Jonathan M. Tisch College of Civic Life helps voters understand the potential impact of Massachusetts Ballot Question 1, which would empower the state auditor to investigate the Massachusetts Legislature — but could also trigger a stand-off with lawmakers.
"Even if this ballot question passes, it’s not clear the auditor will be able to use her new authority," said Evan Horowitz, executive director of cSPA. "The legislature has a lot of ways to push back, and courts may be reluctant to intervene."
Today’s report is the first in a series covering all five state ballot questions, to be released over the next two weeks.
Key findings include:
- Question 1 is unlikely to increase legislative transparency — partly because of the legislature’s power to resist but also due to clear constitutional rules around the separation of powers.
- Even if Question 1 passes, not all legislative activities will be subject to audit. For example, votes, debates, committee assignments, and policy priorities are all "core legislative functions" outside the auditor’s purview.
- Legislative activities that might be subject to audit include more administrative activities, such as employee training rules, cybersecurity norms, and purchasing practices.
- When auditors in other states investigate legislative activities, they rely on cooperation from legislators. Our research did not uncover any examples of legislative audits conducted without legislative consent.
- In response to a proposed audit, the legislature could delay, refuse to comply, or even defund the Auditor’s Office. In that case, the fight may shift to the courts, where the ultimate outcome is hard to predict.
In the coming days, cSPA will release reports on each of the five state ballot questions in Massachusetts. Executive Director Evan Horowitz will be holding a virtual presentation for media on these reports on Tuesday, Sept. 10. For more information and to RSVP for this briefing, please contact Robin Smyton in the Tufts Media Relations Office at [email protected].
cSPA provides expert, nonpartisan analysis of legislative proposals and ballot questions in Massachusetts. It is based at Tufts University and supported by Tisch College along with a diverse group of funding sources from across the political spectrum. These funders have no involvement in cSPA's work across the Massachusetts ballot questions.
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