Massachusetts is one of 23 states allowing voters to uphold or repeal laws passed by its legislature. The idea of allowing a popular vote to overturn what a majority of citizens consider an unjust law sounds great, but it can also have very dangerous consequences when a ballot referendum takes away the rights of others.
My July column celebrated the passage of The Work and Family Mobility Act(HB4805), which had enough votes in the Massachusetts Legislature to override Gov. Charlie Baker’s veto. The bill, which would go into effect in July of 2023, enables undocumented people to legally obtain a driver’s license, as long as they fulfill the same requirements for a license that everyone else does. Passing this bill benefits all of us. Obtaining a driver’s license decreases motor vehicle accidents by increasing the number of licensed drivers on the road who have demonstrated their ability to drive safely. In rural western Massachusetts a license is essential, particularly for those who work in agricultural jobs.
Maureen Maloney, whose 23 year old son was killed by an undocumented drunk driver did not view The Work and Family Mobility Act as a win for public safety. As chair of Fair and Secure Massachusetts, she launched a successful effort to gather the required signatures to put HB4805 on the ballot this November as Massachusetts Question 4, the “Remove Proof of Citizenship or Immigration Status for Driver’s License Applications Referendum.” A majority of “no” votes on Question 4 would nullify the Work and Family Mobility Act, a law which took 15 years to pass.
None of us want to lose a child to a drunk driver. Unfortunately, collectively punishing all undocumented people in Massachusetts by taking away their ability to obtain a driver’s license will only leave the door open for more fatalities, leaving Massachusetts less “fair and secure.” The organization’s website and Facebook page features videos with Massachusetts Republican party chair, Jim Lyons, and Republican gubernatorial candidate, Geoff Diehl referencing the “radical out of control legislature moving further and further to the left,” (Diehl), and the “organized harassment, intimidation, and assault (of volunteers collecting signatures) by Democrat opposition” (to repealing HB4805). (Maloney) “The radical left intimidated and interfered with our constitutional rights.” (Lyons)
Lest folks believe that Republicans, especially Trump-endorsed Republicans like Geoff Diehl, do not need to be taken seriously in Democratic Massachusetts, remember that Fair and Secure Massachusetts in less than two months, collected more than 100,000 signatures to put Question 4 on the ballot. Though the final count of certified signatures was less than that, it was almost double the 40,120 signatures needed to qualify for a referendum. (Axios) No single county can include more than 25% of the first 40,120 petition signatures, which means that signatures have likely come from many parts of this state.
Massachusetts is not a bubble or bastion of liberalism. Seventeen states and Washington, D.C. already provide undocumented immigrants access to drivers’ licenses. Massachusetts’ susceptibility to lies, and the politics of fear is evidenced by the Republican narrative that HB4805 would enable undocumented people to register to vote. This is simply not true, yet Diehl tells voters on the Fair and Secure Massachusetts website that, “When people get their drivers’ licenses they’re automatically registered to vote,” a fictitious statement repeated on social media. Voting Yes on 4 would keep in place safeguards against non-citizens voting. The law preserved by Yes on 4 does not allow non-citizens to vote and does not automatically register non-citizens to vote. It also provides no public benefits to license holders. It also does not allow the driver to use this license for federal purposes such as plane travel, or as evidence of the holder’s citizenship, nationality, or immigration status.
The other mantra used to try to convince people to undo HB4805 is that, “The RMV is not prepared to handle this,” (Diehl) ignoring the reality that this bill will not go into effect for a year to make sure RMV workers are adequately trained to process driver’s license requests from undocumented people.
I recently spoke with Andrea Schmid, communications director for The Workers’ Center, to learn what this organization that fought for passage of HB4805 was planning in the wake of Question 4. The opposition to overturning HB4805 is led by the newly-formed coalition, Yes on 4 for Safer Roads. For Andrea, “Losing is not an option.” She fears a defeat could set a precedent for overturning other states’ laws giving undocumented people access to drivers’ licenses. Andrea views the Yes on 4 for Safer Roads campaign as an, “Important opportunity to build more networks of solidarity in the face of more right-wing presence.”
The coalition that helped win passage of HB4805 was composed of faith-based leaders, farmers, police, politicians, business owners, union members, and others who believe everyone benefits from licensed drivers on our roads. To learn more, contact: Yes on 4 for Safer Roads online at https://actionnetwork.org/forms/support-yes-on-4-for-safer-roads?source=direct_link&.
Election Day is around the corner and volunteers are needed to help save HB4805. The Workers’ Center will be training volunteers to encourage people to vote Yes on 4. Contact PVworkerscenter@gmail.com to volunteer.
Sara Weinberger of Easthampton is a professor emerita of social work and writes a monthly column. She can be reached at columnists@gazettenet.com.