Number 7. September 24, 1976

Number 7. September 24, 1976 The Honorable Paul Guzzi Secretary of the Commonwealth State House Boston, Massachusetts 02133 Dear Secretary Guzzi: By letters dated September 7. 1976. you have asked me whether certain questions are ones of public policy in accordance with section 19 of Chapter 53 of the Massachusetts General Laws. It is my opinion that the questions presented, as modified for reasons of form, see infra pp. 2-5, are important public questions in which every citizen of the district or the Commonwealth has an interest, are fit subjects for lawmaking and, there- fore, are questions of "public policy" which may be submitted to the voters if all other statutory requirements are met. See 1939 Opinions of the Attorney General, pp. 99-100; 1955 Opinions of the Attorney Gen- eral, pp. 51-52. See, also, 8 Opinions of the Attorney General 1928. pp. 490-492; 1965 Opinions of the Attorney General, pp. 92-93. The requirements to which I make reference are contained in G.L. c. 53, §§19. 20 and 21, and involve a number of statutory prohibitions specifically set out in these sections. For example, a question may be technically accurate and present an important public policy issue; however, if the question is substantially the same as one which has been submitted to the voters within less than three years, it shall not appear on the ballot. G.L. c. 53, §21.! I have made no independent inquiry to determine whether these questions are statutorily defective for any reason other than a failure to qualify as a public policy question in proper form for presen- tation on the ballot. See 1958 Opinions of the Attorney General, p. 44. 1 . Nuclear Power Question — 4th Hampshire Representative District In my opinion the statement that nuclear plants are unsafe and uneco- nomical is overly broad and inappropriate as an opinion which is subject to controversy. Further, public policy questions do not extend to matters in jurisdictions beyond the Commonwealth. I would, therefore, suggest the following language on this question: 'As Secretary of State you have in your possession past election ballots of the Commonwealth and are, therefore, in the best position to make such a determination. If you find that a question does not meet the requirements aforementioned, it should not be printed on the ballot. 90 P.D. 12 Shall the Representative from this District be instructed to vote to oppose the construction of nuclear fission power plants in the Commonwealth in general and in Montague and Plymouth in particular on the grounds that such plants are allegedly unsafe and uneconomical? II. Abortion Question — 24th Norfolk Representative District In my opinion, it is inappropriate to refer to the decisions of the Supreme Court in the abstract on the ballot itself. I would, therefore, suggest the following language on this question: Shall the Representative from this District be instructed to vote to support and ratify an amendment to the United States Con- stitution permitting the states to prohibit abortions and to affirm the right to life to the unborn? III. Cigarette Tax/Lead Paint Question — 53d Middlesex Representative District In my opinion, the question as presently drafted is not in such simple, unequivocal and adequate form so as to be best suited for presentation upon the ballot. G.L. c. 53, §19. It is my recommendation that the language read as follows: Shall the Representative from this District be instructed to vote to approve the passage of a bill increasing the state tax on cigarettes sold in Massachusetts by one cent per package, said tax money to be used to eliminate childhood lead paint poisoning in the Commonwealth? IV. Solid Waste Question — 15th and 16th Essex Representative Districts In my opinion, the proper form of this public policy question for presen- tation to the voters of the 16th Essex Representative District is as follows: Shall the Representative from this District be instructed to vote to approve the passage of legislation allowing a city (or town) to construct a solid waste facility larger than is necessary for servicing the inhabitants of said city (or town) absent a prior vote in favor thereof by a majority of the voters in said city (or town)? V. Boston City Council Question — 25th, 26th and 27th Suffolk Repre- sentative Districts In my opinion, a public policy question should appear on the ballot in the form of an instruction to the legislator of the applicable district, not- withstanding the fact that any such instruction is non-binding unless the question submitted receives a majority of all the votes cast at that election. G.L. c. 53, §22. I would, therefore, suggest the following language on this question: Shall the Representative from this District be instructed to vote to approve the passage of a bill requiring that the majority of the members of the Boston City Council be elected by geographic districts of equal population? P.D. 12 91 VI. Abolition of County Level of Government Question — 1st Essex Senatorial District In my opinion, the statements relative to eliminating an overlap of ser- vices so as to nullify the cost of allegedly ineffective county run programs as well as the reference to disorganization and potentially lower taxes are inappropriate. I would, therefore, recommend an abbreviated form of the question to read as follows: Shall the Senator from this District be instructed to support and vote in favor of legislation, including any necessary constitu- tional amendments, abolishing the county level of government? Very truly yours, FRANCIS X. BELLOTTI Attorney General