Top Mass. Democrats leave door open to ballot law changes

The leaders of both Massachusetts' legislative chambers on Tuesday did not rule out altering ballot questions which, according to pollsters, are favored by most voters ahead of next month's election. And for the question that aims to allow an audit of the Legislature itself, the House speaker and Senate president would not rule out a full repeal.

House Speaker Ronald Mariano, piling onto his criticism of Auditor Diana DiZoglio's crusade for Question 1, questioned the auditor's use of "state money" to release a report this week buttressing the arguments behind her initiative campaign just ahead of Election Day.

Asked by reporters, Mariano did not foreclose his branch seeking an outright repeal on any of this year's five ballot questions, if they become law on Election Day.

"I don't know," Mariano replied, when a reporter asked if any of the questions could see a "Clean Elections fate."

The question was a reference to the Clean Elections Act, a law dealing with financing of state political campaigns, which voters approved at the polls in 1998 with a landslide 66% in favor.

Lawmakers wound up striking the Clean Elections Act from the books in 2003 without ever fully implementing it. That episode illustrated how the Legislature can have the last say on a matter regardless of the voters' intent.

Senate President Karen Spilka left the door ajar on potential legislative action to respond to a successful Question 2, which would nix the MCAS test as a high school graduation requirement. Gov. Maura Healey and other top officials have said they are concerned about leaving Massachusetts without any statewide standard for receiving a high school diploma.

"We'll see. We'll have some discussions if it passes, and then we'll follow up. You know, I am not in favor of getting rid of MCAS. I believe that it's done, some assessment has done, Massachusetts well. So we will, we will discuss," Spilka said of a possible role for the Legislature.

Of edits to Question 2, Mariano said, "Well, someone has to evaluate what we're doing in our public school system."

The Quincy Democrat added that "to walk away from any evaluative tool is maybe premature."

The speaker told reporters after a Diwali celebration in the Great Hall that he had not yet decided how to proceed in responding to Question 1, which a latest UMass Amherst poll this month showed with 63% support.

"We'll see. We'll see how big the margin is," Mariano said when asked whether he would seek to repeal or amend the potential law.

The speaker went on to critique the report released Monday by DiZoglio that slammed the House and Senate for a lack of "transparency and accountability" and called on legislative leaders to "open up the doors" for an audit by the auditor's office — exactly what Question 1 seeks to force.

DiZoglio, who has been the chief campaigner for Question 1, released Monday's report in her official capacity as a constitutional officer.

"You know, releasing a report using state money, state resources, advocating for your position on a ballot question that you helped put in, raises some real questions about the role of the auditor, and her seriousness," Mariano said.

Spilka did not directly respond to a question about repealing or amending a potential audit law, saying she would "see what course it takes."

With a number of ballot questions potentially headed toward implementation this year, Mariano's and Spilka's openness to revisiting voter-approved laws could translate into fairly swift action on the chamber floors this fall or winter.

After Bay Staters approved the cannabis legalization law on Election Day 2016, lawmakers passed a bill less than two months later to delay the implementation of parts of the law. The branches used the extra time to rewrite the voter-approved language the next year.

The bill delaying the cannabis law's effects surfaced suddenly during an informal session three days after Christmas in 2016, during a quiet holiday period when few lawmakers and few spectators are typically on hand in the chambers.

On some of the other questions, Mariano said he had not yet made up his mind. He said he understood both sides of the "quandary" of Question 5, which deals with tipped workers' wages.

And as for Question 4, which would legalize certain psychedelic drugs and allow them to be grown and shared privately, the speaker — who will be 78 years old next Thursday — seemed to hint at a prior experience.

"Ah, psychedelics. I outgrew that stuff. Nah, there's no — I don't know. I don't know, I'll figure it out," Mariano said of his position on Question 4.

The speaker's office later told the News Service he was "joking" when he made the remark.

Like most other Bay State voters who wait until Election Day to fill in their bubbles, Mariano has another fortnight to make up his mind.

"Oh yeah. I always vote on Election Day," he said. "It's my chance to be in the neighborhood and walk around."