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H 5549

Amendment H.5549

194th Legislature (2025-2026)

The bill strengthens campaign finance disclosure and reporting for statewide ballot questions, including prohibiting payments per signature, enhanced signatures and donor transpare

Text of an amendment, see S2916
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Bill Summary · H 5549

Overview

House Bill 5549 (H.5549), filed in the Massachusetts 194th General Court and referred to the Ways and Means Committee, proposes substantial reforms to campaign finance reporting and the initiative/process for statewide ballot questions under Article XLVIII. The bill as reported would strike and insert new text (replacing prior provisions) in multiple chapters of the General Laws, and adds a new commission to study reform of the initiative petition process.

Main purpose and intent

  • Improve transparency and oversight of campaign finance related to statewide ballot questions.
  • Strengthen disclosures for signatures gathered for statewide initiative and referendum petitions, especially when paid signature gatherers are used.
  • Enhance reporting and enforcement related to statewide ballot questions, including contributions, expenditures, and obligations of ballot-question committees.
  • Create a special legislative commission to comprehensively evaluate and recommend reforms to the initiative petition process, potentially including constitutional amendments.
  • Align reporting timelines and create new reporting requirements triggered by statewide ballot questions.

Key provisions and changes

Disclosure and signature gathering (Sections 1–3)

  • Require blank signature collection forms for statewide initiative or referendum petitions, when circulated by paid signature gatherers, to include a disclosure informing signers that a paid gatherer is distributing the form.
  • Require blank forms to direct signers to the Office of Campaign and Political Finance (OCPF) website for campaign finance reports of the ballot question committee.

Prohibition on certain payments to gather signatures (Section 2)

  • Prohibit providing anything of value contingent on the number of signatures collected for statewide petitions (e.g., fee-per-signature payments or incentive bonuses).
  • Violation fines: $100 to $10,000 per violation, with each signature collected in violation treated as a separate offense.
  • Post-election reporting: Within 60 days after a state election where a statewide ballot question appeared, the Secretary of the Commonwealth must certify, based on information available, whether signature collection payments complied with the prohibition, and report to the Senate and House clerks.

Definitions and scope (Section 3)

  • Add definitions for:
    • “Statewide ballot question” (a proposed statewide initiative, referendum, or constitutional amendment question).
    • “Statewide ballot question committee” (political committee that receives/expends money or value to support or oppose a statewide ballot question).

Enforcement and reporting enhancements (Sections 4–12, 13)

  • Direct attorney general referrals: If evidence relates to a statewide ballot question, the director must refer to the attorney general within a specified window (not later than 30 days before or 3 years after the election, or within 3 years if not tied to a specific election).
  • Post-election and ongoing reporting: The director must file public reports within 60 days after a statewide ballot question appears, certifying whether committees complied with campaign finance reporting and disclosure requirements; triggers for supplemental reports if there is an AG referral.
  • Amendments to campaign finance reporting schedules for statewide ballot questions, including revised timelines for monthly and bi-monthly filings (e.g., adjustments to monthly deadlines and completeness requirements).
  • Expanded reporting elements for statewide ballot question committees, including:
    • In-kind contributions over $50 with detailed itemization (donor name, address, date, type, value).
    • New liabilities with debtor information and purpose.
  • Enhanced depository and rapid reporting requirements for large contributions to statewide ballot question committees (report within 72 hours for contributions between certain dates before an election).

Administrative changes (Sections 14–16)

  • Establish a special legislative commission under Chapter 4, Section 2A, to conduct a comprehensive evaluation of the initiative petition process and develop recommendations for constitutional amendments.
  • Commission composition includes joint committee chairs, Secretaries, Attorney General, legislators with ballot campaign experience, a retired Supreme Judicial Court justice, a representative of Common Cause Massachusetts, and a veteran town/city clerk.
  • The commission must examine:
    • AG certification authority and potential expansion, due process, and judicial review.
    • Voter education and accuracy of ballot summaries.
    • Signature gathering requirements, geographic distribution, and the impact of paid signature gathering.
    • Timelines, deadlines, and interplay with the legislative calendar; potential improvements to resolution timelines and ballot preparation.
  • Commission reporting deadline: December 31, 2027, with findings, potential legislative or regulatory alternatives, and draft constitutional amendments included.
  • Initial reporting by statewide ballot question committees to include comprehensive information from 2026 onward.

Miscellaneous timing and effective dates (Sections 15–17)

  • Transition provisions require statewide ballot question committees to begin reporting all required information from the effective date, with specific alignment to the first reporting period after enactment.
  • Effective date: Sections 1–13 take effect 30 days after the act’s effective date; overall timing contingent on passage.

Who would be affected

  • Statewide ballot question committees (groups advocating for/against ballot questions) and their treasurers, who would face enhanced reporting, disclosures, and possible expedited reporting requirements.
  • Paid signature gatherers and the campaigns employing them, due to disclosure obligations and prohibitions on contingent payments.
  • The Secretary of the Commonwealth, the state secretary’s office, the Office of Campaign and Political Finance (OCPF), and the Attorney General, which would have expanded roles in enforcement, reporting review, and referrals.
  • General Court and state agencies, which would oversee and respond to enhanced reporting, and participate in the proposed Commission.
  • Voters and the public, who would gain greater transparency about ballot questions and campaign financing.

Procedural and timeline aspects

  • The bill introduces new reporting deadlines tied to statewide ballot questions (e.g., within 60 days after appearances on ballots; periodic monthly/bi-monthly filing schedules for committees).
  • Creates a mandatory post-election certification by the Secretary of the Commonwealth regarding compliance with signature collection payment prohibitions.
  • Establishes a 60-day window for appointing members and convening the special commission; first meeting within 60 days after all members are appointed.
  • Requires the commission to file its final report by December 31, 2027.
  • Interim effective date: Sections 1–13 take effect 30 days after enactment; the rest follows as specified.

Note: This summary reflects the bill as introduced in the Committee on Ways and Means with the proposed textual amendments replacing the prior contents.

Compiled from official sources — confirm details with the bill’s official record.

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