Ballot questions dominate Election Day, two still undecided

As the final numbers are still being tallied, Massachusetts voters decided on a record-tying nine ballot questions, voting overwhelmingly in favor of key measures like expanding the public records law, keeping recreational marijuana, further tightening gun laws and rejecting a change to the two-party primary, among others.

Question 1: Expanding the public records law

Voters overwhelmingly passed Question 1 to expand the state’s public records law to cover most records held by the Legislature and the Governor’s Office, with a whopping 86% voting in favor of the measure against just 14% in opposition, according to the latest results from the Associated Press with 91% of votes counted.

Far and away the most-backed measure of the election, Question 1 draws its roots back to the 2024 election, where a measure demanding an audit of the state Legislature received support from 72% of voters.

That measure was effectively rejected by the legislative leadership and replaced with House and Senate versions criticized by many as window-dressing that ultimately allows each respective branch to deny certain records and even end any ongoing audit.

Government watchdog organizations, like the Massachusetts Fiscal Alliance and the Pioneer Institute for Public Policy Research, celebrated the landslide victory for Question1.

“Massachusetts voters sent Beacon Hill a clear message. They want more transparency and more accountability. This is an important victory for taxpayers, and the people of Massachusetts deserve to be congratulated for making their voices heard,” said Mass Fiscal Executive Director Paul Craney. “Unfortunately, the Legislature was already working to undermine this very measure before voters even had a chance to cast their ballots. Now that the results are in, lawmakers need to respect them.”

The Pioneer Institute echoed the same message, also calling for “meaningful action” to be taken by the legislative and executive branches to comply with the voter-approved law.

“Massachusetts voters delivered a clear message. By overwhelmingly approving Question 1 on public records, they said government must be accountable to the people it serves, and that the Legislature and Governor’s office should no longer be exempt from transparency,” said Pioneer’s Executive Director Jim Stergios.

“Pioneer Institute applauds the overwhelming outcome on Question 1 with an overwhelming approval from Massachusetts voters. What voters said is that the government must be accountable to the people it serves. For years, Massachusetts has lagged other states in government transparency, with the Legislature and Governor’s Office exempt from the state’s public records law,” added Pioneer’s Director of Government Transparency Mary Connaughton.

Democratic state Auditor Diana DiZoglio has engaged in an over two-year public battle with House Speaker Ron Mariano and Senate President Karen Spilka, both Democrats, in getting the Legislature to comply with the audit.

“Last night’s vote sends an unmistakable message to Beacon Hill — the people of Massachusetts are demanding transparency, accountability, and a government that answers to the people it serves. For far too long, the Commonwealth has been a national outlier when it comes to government transparency. The Legislature operates largely behind a veil of secrecy, despite the fact that state agencies, as well as our cities and towns, must comply with the public records law. That double standard is simply unacceptable, and I am incredibly grateful to the voters for standing up and making their voices heard,” DiZoglio told the Herald in a written statement.

“This victory belongs to the people of Massachusetts, who understand that sunlight is the best disinfectant. There are already ongoing legislative efforts to overturn the public records law we just passed. Let me be clear: lawmakers should not interpret this election as an invitation to rewrite the law to protect themselves, yet again, from the public’s mandate. Voters were given a clear choice, and they made their decision. The people of Massachusetts deserve a government that operates in the sunlight,” she said.

DiZoglio has also criticized Gov. Maura Healey for not giving an earnest effort to support her audit efforts.

“Governor Healey supported question one and will honor the will of the voters,” Healey spokesperson Jacqueline Manning told the Herald.

Question 2: Collective bargaining for public counsel

One of the lesser-discussed ballot measures, Question 2, passed with support from 64.2% of Massachusetts voters to 35.8%, according to the latest update from the AP Wednesday morning with 91% of votes counted.

The measure now allows the state’s public defenders, through the Committee for Public Counsel Services, to unionize and engage in collective bargaining.

It comes as the state’s public defenders launched a lengthy work stoppage last year that left nearly 2,000 defendants in Massachusetts without representation and their legal cases dismissed.

Question 3: Implementing an open primary system

Voters overwhelmingly rejected the ballot measure on whether to eliminate the traditional two-party primary system in Massachusetts and replace it with an open primary in which the two top vote-getters, regardless of party, move on to the general election.

As of late Wednesday morning, with 88% of votes counted, the measure was rejected by 61.1% of voters, with 38.9% in favor, according to the AP.

It was a measure that saw bipartisan disdain, with both state-level Republican and Democratic parties publicly speaking against an open primary system.

“Voters were right to reject Question 3’s all-party primary; it addresses a real problem: too many Massachusetts elections go uncontested,” said Stergios.

Question 4: Election Day voter registration

Election Day registration will now be implemented going forward in a much closer result than the rest.

Question 4 passed with 56.4% of voters approving the measure to 43.6% against it, with 89% of the vote counted, according to the most recent update from the AP Wednesday morning.

The ballot measure will allow people to register to vote at polling places on Election Day and repeal a requirement to register at least 10 days before an election. Residents seeking to register on Election Day will be required to provide proof of residency and an affidavit of eligibility.

“Eligible citizens will be able to securely register or fix errors in their registration at their precincts on Election Day. This reform will increase voter turnout, strengthen our democracy, and reduce the workload on town clerks by all but eliminating provisional ballots,” ACLU Massachusetts, who backed the measure, said in a statement.

The new requirement will take effect across Massachusetts on January 1, 2028.

Question 5: State revenue cap and taxpayer rebate

As spending on Beacon Hill continues to increase year over year, 52.1% of Massachusetts voters decided against implementing a cap on the amount of revenue the state can collect along with a requirement that excess collections be returned to residents. The measure saw support from 47.9% of voters, according to the most recent AP update Wednesday morning with 91% of votes counted.

If passed, the measure would have set a cap on revenue based on the total collected in the year plus prior as well as the average growth of residents’ wages over three years. Massachusetts taxpayers received a refund under Chapter 62F – a 1986 law that implemented a tax cap – back in 2022.

Both Mass Fiscal and the Pioneer Institute condemned the vote against implementing the new measure as the trickle down effect of increasing state spending has reached residents’ wallets with higher taxes without any correlating increase in local state aid.

The Pioneer Institute calls it a “split between the haves and the have-nots,” in a critique of wealthy liberal voters.

“Question 5 was always about finding a way to help address affordability without making cuts to state services. It lost in a close result, with wealthy, liberal communities voting against it and working-class cities voting for it. A classic split between haves and have-nots, with a pinch of paternalism. Cambridge, Newton, Brookline, and Somerville voted down a measure that would have provided an average rebate of $700,” noted Stergios. “Springfield, New Bedford, Chicopee, and Lawrence voted for it. The Healey-Driscoll administration and legislative leaders should take note, because the affordability concerns that drove support for Question 5 haven’t gone away. Pioneer will put forward proposals to address them.”

“Tufts estimates Question 5 would mean roughly $200 to $250 a year for the average taxpayer when you account for both refund and non-refund years. That may not sound like a lot to politicians on Beacon Hill, but to families paying for groceries, utility bills, gas and everything else that keeps getting more expensive, that money matters,” said Craney in a pre-election ‘Yes on 5’ press conference.

Question 6: Nature for All fund

Voters approved Question 6 with 60.9% in favor of the measure to utilize taxes collected from the sale of sporting goods, recreational vehicles and golf courses to support a Nature for All Fund. According to the latest AP update Wednesday morning, with 91% of votes counted, a total of 39.1% of voters were against the measure.

The measure will establish a 15-member board tasked with allocating the collected funds for municipalities, tribal governments, charities and other organizations seeking to conserve natural resources.  or other groups involved in the conservation of natural resources.

There was no organized opposition to this ballot measure.

Question 7: Starter homes

Far and away the closest contest among ballot measures in 2026, Question 7 seems to have been rejected by 50.4% of Massachusetts voters to 49.6% in favor of it, according to the latest results from the AP with 91% of votes counted Wednesday morning.

If passed, the measure would allow single-family homes to be built on lots of 5,000 square feet or more in residential areas, subject to reasonable local regulation of certain aspects of those homes.

Question 8: Repealing recreational marijuana

Just call it “Grassachusetts!”

Massachusetts voters overwhelmingly decided against the ballot measure, with 75.7% voting against repealing laws allowing the legal sale of marijuana for recreational use, but would impose no criminal penalties for possession of less than two ounces.

Medical marijuana would have remained legal. Only 24.3% voted in favor of the repeal effort.

The results from the latest AP update Wednesday morning come with 89% of votes counted.

Question 9: Upholding 2024 state gun law

Question 9 was approved by a large margin by voters to uphold a 2024 Massachusetts gun law that expands restrictions on “assault-style” firearms, prohibits “ghost guns” lacking serial numbers, creates an electronic firearm registration system and expands a “red flag” law allowing the temporary removal of guns from people deemed a danger to themselves or others.

As of the latest AP update with 89% of votes counted, the measure was supported by 67% of voters while 33% voted in favor of repealing it.

The ballot measure caught headlines late in the election cycle when Congressman Jake Auchincloss appeared in a political ad in support of the ‘Yes on 9’ campaign where he assembled what appeared to be an AR-15 with an extended magazine, possibly breaking state and federal gun laws.

Auchincloss’ team says the gun was a replica and the congressman did not violate any laws.

The measure was opposed by legal gun owners and gun rights activists, with Cape Gun Works owner Toby Leary leading the ‘No on 9’ charge. Leary has argued that Massachusetts already has some of the strictest gun laws in the country and that the 2024 law expanding restrictions only hurts legal and law–abiding gun owners while doing nothing to stop criminals from obtaining firearms.