Number 16. October 4, 1974

Number 16. October 4, 1974 Honorable John F. X. Davoren Secretary of the Commonwealth State House Boston, Massachusetts 02133 Dear Secretary Davoren: In a letter dated September 9, 1974, you have asked me whether the following question is one of public policy in accordance with G. L. c. 53, § 19: "Shall your Representative be instructed to vote for the passage of a bill which would prohibit smoking in public places except in designated areas specifically set aside for smokers?" It is my opinion that the question is an "important public question" in which "every citizen of the Commonwealth has an interest" and is therefore a question of "public policy" within the meaning of G. L. c. 53, § 19, see Op. Atty. Gen. 1970/71-9; see also 1939 Op. Atty. Gen., p. 99, 1955 Op. Atty. Gen., p. 51. Consequently, the question may prop- erly be included on the election ballot in the Representative Districts which you have mentioned, namely, the 19th Middlesex and the 29th Suffolk. You have requested further that I supply your office with a suitable statement of the question for presentation on the ballot. It is my opinion that the question should be printed on the ballot in the following form: "Shall the Representative from this District be instructed to vote for the passage of a bill which would prohibit smoking in public places within the Commonwealth except in desig- nated areas specifically set aside for smokers?" Very truly yours, ROBERT H. QUINN Attorney General