We are disappointed by two recent decisions by the Massachusetts Supreme Judicial Court affecting voters.
The state’s highest court July 2 unanimously upheld Massachusetts’ requirement that residents must register to vote at least 20 days ahead of elections. That reversed a lower court decision that the 20-day registration deadline is unconstitutional.
That ruling came two weeks after the SJC ruled 5-2 that the so-called “millionaire tax” cannot appear on the Nov. 6 ballot because it violates a clause of the Massachusetts Constitution prohibiting unrelated subjects in a single referendum — in this case taxing and spending. The ballot question would have established a 4 percent surtax on an individual’s annual income exceeding $1 million, with the estimated $2 billion in additional revenue earmarked for education and transportation.
The ruling requiring voters to be registered 20 days before an election makes it difficult for out-of-town students to participate in year’s Sept. 4 state primary. This is a significant issue in the Valley, where the student population numbers in the tens of thousands and several legislative contests will be decided in the Democratic primary.
The five colleges in Hampshire County all have move-in dates between Aug. 28 and 31, well after the Aug. 15 registration deadline. That means students cannot register here and be eligible to vote in the primary. And students would have to be especially committed to travel back to their home district to vote the day after Labor Day, just as classes are starting at the local colleges.
The unusual Sept. 4 election date was set by six-term incumbent Secretary of State William Galvin, who is being challenged in the Democratic primary by Boston City Councilor Josh Zakim, an advocate for aggressively expanding voting rights in the state.
Normally the state’s primary would be scheduled seven weeks before the Nov. 6 general election, which this year is Sept. 18. However, that is the start of Yom Kippur, and state law requires the primary to be moved when it conflicts with a religious holiday. Scheduling it a week earlier doesn’t work because Sept. 11 is during Rosh Hashana.
Zakim has criticized the selection of Sept. 4, saying that many voters just back from summer vacations will not be focused on the election, and that there are other days that Galvin could have chosen. Other states have resolved the conflict by moving their primary election to a Wednesday or Thursday.
While students moving to the area will be less likely to vote in this year’s early primary because of the 20-day registration deadline, that also affects many other voters.
Carol Rose, executive director of the ACLU of Massachusetts, said the SJC “decision is a blow, not just to Massachusetts voters, but to the democratic process. Every election, Massachusetts’ arbitrary voter cutoff law disenfranchises thousands of potential voters throughout the commonwealth … Now, it’s up to the Legislature to stand up for the best interests of its constituents and change the law.”
The Legislature already has taken one step this year by approving automatic voter registration, which makes it easier to participate in elections. The measure automatically updates a resident’s voter registration when a state agency, such as the Registry of Motor Vehicles, is notified of a new address or other change in status. We hope that Gov. Charlie Baker signs it into law, making Massachusetts the 14th state with automatic voter registration.
We also urge the Legislature next year to approve same-day voter registration, a practice allowed in 17 states nationwide.
Meanwhile, the SJC’s decision denying voters a chance to decide the “millionaire tax” is particularly disappointing because the measure had strong support. The last survey by the MassINC Polling Group in May found that 77 percent of the respondents favored the surtax on high earners.
State Sen. Jason Lewis, D-Winchester, plans to file in January a legislative amendment to the Massachusetts Constitution establishing the 4 percent surtax on taxable income above $1 million, with the revenue targeted for education and transportation. If approved, the legislative amendment would proceed to the state ballot in 2022, and, according to Lewis, it would not be subject to the same constitutional challenge that stymied this year’s effort, which started with a citizens’ petition.
Lewis’ measure deserves support by the Legislature so the state’s voters can have their say on the “millionaire tax.”