Top Mass. Democrats mulling options after big audit law vote

A week after Massachusetts voters overwhelmingly embraced Auditor Diana DiZoglio's ability to audit the Legislature, Beacon Hill's top Democrats said Wednesday they are mulling over unspecified potential alterations to the voter law.

House Speaker Ron Mariano and Senate President Karen Spilka, who have long resisted DiZoglio's mission to shed transparency on Beacon Hill lawmaking and joint committees, did not rule out the possibility of repealing or amending Question 1.

"Obviously we're going to take a look at it. We certainly understand the vote, and we're discussing the ways in which we can improve the perception that we are a transparent body," Mariano said after meeting privately with Gov. Maura Healey, Lt. Gov. Kim Driscoll and Spilka.

The Quincy Democrat continued, "And we will be discussing different opportunities to make some changes, whether it's different ways. And we are currently, right now, talking about different things. We had a meeting this morning."

Mariano did not offer details about changes or the meeting he referenced. A Mariano spokesperson said it was an "internal meeting."

Nearly 72% of voters cast their ballot in support of Question 1, with only 28% of voters rejecting the push to give DiZoglio the explicit authority to audit the Legislature. The question has not yet taken effect.

Spilka said that "whatever" lawmakers do "will align with the fundamental principles and responsibilities of our Mass. Constitution, especially the separation of powers."

In November 2023, House and Senate Democrats said a decision from Attorney General Andrea Joy Campbell reinforces their opinion that the state auditor lacks the "statutory or constitutional authority to audit any other separate branch of government," such as the Legislature. While the voter law addresses statutory authority, it also surfaces Campbell's year-old assertion that "should the initiative become law, we may need to consider whether, and the extent to which, constitutional limitations affect how the law would apply."

The branch leaders seemed upbeat Wednesday, after a long-stalled economic development bill emerged from closed-door talks Tuesday evening. Negotiators in recent months offered scant insights into the status of dealmaking as the jobs package — which contained some of Healey's major legislative priorities — languished before a six-person conference committee that closed its deliberations to outsiders.

Other major bills are also the subject of private talks, including hospital oversight, prescription drug pricing reform, opioid crisis response, and joint rules that could help the public better understand how Beacon Hill lawmakers conduct their business.

On election night, DiZoglio told the State House News Service she intended to return to her 77-page audit of the Legislature and seek information that lawmakers refused to provide. DiZoglio's office released that audit 15 days before Election Day, a maneuver that Mariano and Spilka blasted as electioneering.

DiZoglio on Friday sent a letter to Mariano and Spilka to revive her probe of the Legislature, writing the review will "cover all of the topics we were unable to fully review in our previous audit, due to your refusal to participate in the audit process." The auditor said all requested records and information should be provided "within 72 hours of the date of request."

Spilka said Wednesday she intends to respond to the letter. But the Ashland Democrat did not say whether she will honor DiZoglio's 72-hour request for information.

"We will respond shortly, and you'll get a copy of what we respond," Spilka told reporters.

Spokespeople for Spilka and Mariano on Monday did not answer State House News Service inquiries about whether the leaders would comply with DiZoglio's request. The spokespeople instead referred the State House News Service to a joint statement the top Democrats issued on election night, which said, "Consistent with how the Legislature has moved forward with every voter-approved ballot question in the past, we will consider next steps regarding how to best respect the Question 1 election results in a manner that aligns with the fundamental principles of the Massachusetts Constitution, including separation of powers."

DiZoglio made no mention of the Question 1 victory in her letter, though last week she said that any changes to the voter law would be "unacceptable."

"Our work will start with a review of high-risk areas, such as state contracting and procurement procedures, the use of taxpayer-funded nondisclosure agreements, and a review of your balance forward line item - including a review of all relevant financial receipts and information," DiZoglio, a former lawmaker, wrote. "Section 12 of Chapter 11 of the General Laws of the General Laws requires organizations being audited to provide our audit team with books, documents, and other records pertaining to the audit. We may also make inquiries regarding audit issues with the members of your staff responsible for the functions involved in this audit, and request, from management, written confirmation of statements your staff made to us during the audit."