District/School Administration Administration
The Massachusetts Board of Elementary and Secondary Education

Ballot Question 1

At our September meeting, in response to requests from members, Chair Banta asked to have an item added to the agenda for the October meeting concerning Question 1 on the November ballot, an initiative to repeal the state income tax. Two documents are enclosed as background information for your discussion:

1. The text of the ballot question and the official statements in support of and in opposition to the initiative, as published by the Secretary of the Commonwealth.

2. Interpretative Bulletin OCPF-IB-92-02 from the Office of Campaign and Political Finance (revised January 9, 2007) on "Activities of Public Officials in Support of or Opposition to Ballot Questions"   . This document explains the extent to which public officials - including the Board and Commissioner of Elementary and Secondary Education - may act or speak in support of or in opposition to a question submitted to the voters. Here are the key points:

   • In general, officials may undertake various official actions that concern ballot questions relating to matters that are within their areas of authority, such as voicing their opinions, holding or attending meetings and making information available to the public. Officials may not, however, use public resources to engage in a campaign to influence voters concerning a ballot question, for example by authorizing a publicly funded mass mailing to voters.

   • Consistent with state law, public officials may:
     1. Discuss a ballot question, including at meetings of a governmental entity or at informational meetings of private groups.
     2. Take a position on a ballot question.
     3. Analyze the impact of a ballot question.
     4. Provide copies of the agency's analysis of and/or position on a ballot question, or other public documents, to persons requesting copies or to persons attending public meetings of a governmental entity.
     5. Hold an informational forum, participate in a forum held by a private group, and distribute a notice of the forum.
     6. Speak to the press.
     7. Post information on a government bulletin board or Web site.
     8. Allow private groups to use a public building for a meeting concerning a ballot question.
     9. Appear on cable television.
     
     

The guidance document from the Office of Campaign and Political Finance also explains that a person's status as a public official does not preclude him or her from engaging in political activity relating to a ballot question on an individual basis, on his or her own time, not using public resources.

In short, the Board may, if it so chooses, discuss and take a position on Question 1 and its potential impact on public education at the October 21st meeting.

Enclosures:
   Activities of Public Officialsin Support of or Opposition to Ballot Questions