3 ballot questions raise concerns for local leaders

Of the record-tying nine ballot questions Massachusetts voters will face on Nov. 3, three are particularly concerning to municipalities:
• Question 7, which would create a statewide zoning rule allowing single-family homes on lots as small as 5,000 square feet — about one-ninth of an acre
• Question 5, which would change the way the state revenue limit is calculated
• Question 4, which would allow residents to change their voting address and register to vote on Election Day

The most recent episode of the MMA’s podcast, The 351, looked at the three questions and why they raise serious concerns for cities and towns. The episode’s guests — MMA Legislative Director Dave Koffman, MMA Legislative and Policy Counsel Ali DiMatteo, and MMA Senior Legislative Analyst Adrienne Núñez — broke down the questions with co-hosts Adam Chapdelaine and John Ouellette, MMA executive director and MMA communications director, respectively.

Question 7
Koffman pointed out that Question 7 is billed as a “starter homes” proposal, but, while it dictates lot size, it says nothing about what could be built, leaving that to the discretion of developers.

“This is something that would have no affordability provisions whatsoever,” he said. “And I think that’s the distinction that voters really need to look at. A smaller lot does not automatically mean a more affordable home.”

Koffman and DiMatteo pointed out that Question 7 would bypass local zoning and public input, and undermine community-driven planning, without addressing affordability.

“Aside from regulations around setbacks and heights, Question 7 removes nearly all discretion for local officials and residents in zoning,” DiMatteo said. “By overriding local zoning authority with a one-size-fits-all mandate, communities lose the power to pace their own growth.”

Question 7 requires that homes on these small lots have frontage of at least 50 feet and access to public water and sewer, but it doesn’t consider whether the water or sewer system has the capacity to accommodate growth, she said. Many public water and sewer systems are already operating near or at capacity, so forcing additional hookups without a thorough planning process would risk system overloads, environmental hazards and costly emergency actions.

Rapid, unplanned development could also strain local school districts, emergency services, and road networks, creating a potential burden for local property taxpayers, DiMatteo said.

Koffman said programs like the federal 21st Century ROAD to Housing Act and the state’s new Move-In MA initiative are far more effective tools to create affordable housing because they treat cities and towns as partners.

Question 5
Question 5 would change the formula for calculating the state’s revenue limit, in large part by including revenue collected from the surcharge on individual annual incomes over $1 million (under the voter-approved Fair Share Amendment, which took effect in January 2023).

Fair Share revenue, which by law is set aside strictly for education and transportation programs, has been handled separately and not lumped in with the state’s other tax collections. Making this revenue subject to the overall cap is more likely to trigger refunds to taxpayers under a state law known as 62F, Núñez said, leaving the state with less revenue to support important education and transportation programs, as well as local aid.

“When the state has less fiscal room, cities and towns often feel the consequences,” she said. “And so, for us, this isn’t abstract. This is very real. We’re very concerned about any impacts that may occur for police, fire, teachers, roads, you name it — all the services that we provide.”

Under current law, the state’s revenue limit is calculated based on two things: the previous year’s revenue limit multiplied by the three-year average growth rate of wages and salaries in Massachusetts. Taxpayer refunds under 62F have been triggered only twice over four decades, most recently in 2022, but some analysts say including Fair Share revenue under the limit could trigger refunds as frequently as every other year, Núñez said.

“The question on the ground is really, what are we giving up?” she said. “Municipal budgets depend on state support for all the things that we love and we need to have in our everyday lives — education, safe, well-repaired streets, local aid in general, public safety, and a whole range of other programs that we rely on.”

Chapdelaine pointed out that Question 5 comes before voters at a time of great economic and budget uncertainty — and a time when municipal budgets are already stretched to the limit, as chronicled in the MMA’s “Perfect Storm” report.

“It feels like this ballot question is pretty ill-timed in terms of the reality of the budgetary situation,” he said.

Núñez added that Question 5’s recalculation of the state’s revenue limit would harm the state’s ability to rebound after economic crises, because it would limit tax collections in the years following economic shocks.

Question 4
Question 4, often referred to as same-day voter registration, would allow eligible residents to vote or update their voter registration address on Election Day. The concern is that it would layer an additional process on top of what is already a hectic time for election workers and volunteers.

“Elections need to be run by dedicated public servants and so many volunteers, so any conversation on what to add to that mix needs to understand what it’s going to take to administer it,” Koffman said.

In addition to checking in voters, providing ballots and making sure voting machines are working properly on Election Day, election workers already handle provisional, absentee and mail-in ballots, as well as early voting periods.

“Everyone agrees that eligible voters should be able to participate in our elections,” Koffman said. “But the question is, how do we administer that process both effectively and fairly?”

Election Day, and the weeks leading up to it, is like the Super Bowl for election workers, Koffman added, and there is no margin for error. Adding another process to the mix could adversely impact a high-stakes process.

“One of the areas that I continue to hear from our municipal clerks about is, these are jobs that if there’s one mistake made, it’s considered a failure,” Koffman said. “So as we think about how to make sure that these are done as effectively as possible, that is an important consideration for any decision.”

Campaign funding
When they consider the ballot questions, Koffman urges voters to also look at who is financially backing the campaigns. For example, real estate interests and developers have raised nearly $2 million to promote Question 7.