Auditor: special election is an unfunded mandate
September 08, 2009State Auditor Joseph DeNucci today found that the upcoming special election for U.S. Senate is an unfunded state mandate on cities and towns, and, therefore, the local costs should be fully funded by the state.
DeNucci estimated the local costs at $7.2 million just to cover the cost of wages for election day workers and law enforcement personnel, with costs rising higher when other expenses are factored in, such as the costs of certifying nomination papers, setting up and breaking down polling places, printing voting lists, programming voting equipment, and rental and interpreter expenses.
In 2004, state law was changed to require a special election to fill an open Senate seat, rather than allowing the governor to make an interim appointment. The death of Senator Edward Kennedy on Aug. 25 created the first instance where this change is being implemented.
DeNucci said the Dec. 8 primary and Jan. 19 special election to choose a successor to Kennedy impose new costs on cities and towns because, prior to 2004, the vacancy would have been filled through an appointment rather than an election.
“The state law requiring this special election imposes a significant cost on cities and towns at a time when they can least afford it,” DeNucci said in a statement. “I request that my legal determination lead to full state funding of these costs.”
The state’s Local Mandate Law, passed in 1980 as part of Proposition 2½, requires that state laws imposing new costs on local governments must either be fully funded by the state or subject to voluntary local acceptance. Under the law, DeNucci’s Division of Local Mandates is responsible for determining the local financial impact of state mandates.
“We are very pleased with the ruling,” said MMA Executive Director Geoff Beckwith. “Communities are prepared to run the special election and administer it, but they were not prepared to provide the funding.”
On Sept. 4, the MMA sent a letter to the Patrick administration and legislative leaders calling on them to file and enact a supplemental appropriation bill to reimburse cities and towns for the costs associated with the special election and primary.
“Cities and towns have already set their budgets and have no way of raising revenues to pay for this election,” the MMA wrote. “On behalf of the cities and towns of the Commonwealth, we are respectfully asking the state to pay the full cost of this election.”
• MMA letter calling for state to cover special election costs
Written by MMA Publications/Web Director John Ouellette




