Committee for Health Care for Massachusetts v. Secretary of the Commonwealth
Committee for Health Care for Massachusetts v. Secretary of the Commonwealth
Opinion of the Court
Ten registered voters of the Commonwealth, some of whom signed a petition proposing an initiative amendment to the Massachusetts Constitution that would require the enactment of laws making health insurance coverage available to all Massachusetts residents, brought this action in the county court seeking a remedy for the failure of the joint session of the Legislature to vote on the amendment prior to adjourning on January 2, 2007.
“Section 2. Joint Session. — If a proposal for a specific amendment of the constitution is introduced into the general court by initiative petition . . . such proposal shall, not later than the second Wednesday in May, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any joint session hereby required, or fail to continue the same from time to time until final action has been taken upon all amendments pending, the governor shall call such joint session or continuance thereof.
“Section 4. Legislative Action. — Final legislative action in the joint session upon any amendment shall be taken only by call of the yeas and nays, which shall be entered upon the journals of the two houses; and an unfavorable vote at any stage preceding final action shall be verified by call of the yeas and nays, to be entered in like manner. A t such joint session ... an initiative amendment receiving the affirmative votes of not less than one-fourth of the members elected, shall be referred to the next general court.
“Section 5. Submission to the People. — If in the next general court ... an initiative amendment . . . shall again receive the affirmative votes of at least one-fourth of all the members elected, such fact shall be certified by the clerk of such joint session to the secretary of the commonwealth, who shall submit the amendment to the people at the next state election. ...” (Emphases added.)
We have stated previously that “[t]he members of the joint session have a constitutional duty to vote, by the yeas and nays,
The plaintiffs attempt to distinguish the present case from the Doyle and LIMITS cases. They point out that the members of the first joint session of the Legislature to consider the amendment voted overwhelmingly (153-41) to approve it, and that although the second joint session failed to vote on the merits of the amendment, ninety-two of its members (more than one-fourth) voted (unsuccessfully) in favor of bringing the amendment to a vote.
“The language of art. 48 does not permit, by inference or otherwise, a judicial order that the Secretary could permissibly deem the absence of a final vote on the initiative amendment to have the same effect as an affirmative vote, for purposes of submitting the amendment to the next General Court.” Doyle, supra at 120-121. Cf. Massachusetts Citizens for Marriage v. Secretary of the Commonwealth, 440 Mass. 1033, 1034 (2003) (“Absent an initiative amendment’s receipt of the ‘affirmative votes of not less than one-fourth of all members’ of a joint session of the General Court, art. 48 provides no authority for its referral to the next General Court by the Secretary [of the Commonwealth] or anyone else”). Where the Constitution intends to provide a remedy for the failure of one branch to act, it so states. For example, with respect to art. 48’s provision concerning an initiative proposed for a statutory change (rather than a constitutional amendment), on the Legislature’s failure to enact the change (and assuming additional signatures are obtained), “the secretary of the commonwealth shall submit such proposed law to the people at the next state election.” Art. 48, The Initiative, V, § 1, as amended by art. 81, § 2, of the Amendments. Similarly, when the Governor “fail[s] so to transmit his reasons [for the disapproval or reduction of items in an appropriations bill] within ten days after the bill shall have been presented to him [by the Legislature], such items shall have the force of law.” Art. 63, § 5, of the Amendments to the Massachusetts Constitution, as amended by art. 90, § 4, of the Amendments.
The only remedy provided in the Constitution for the failure
The case is remanded to the county court for the entry of a judgment dismissing the complaint.
So ordered.
The ten registered voters have standing to bring this action, but the Com
In addition to the Secretary of the Commonwealth, the Senate President, as presiding officer of the joint session, was also a defendant in Doyle v. Secretary of the Commonwealth, 448 Mass. 114 (2006).
When the initiative amendment was laid before the first joint session of the Legislature on July 14, 2004 (2003-2004 legislative session), it was amended and then approved by a vote of 153-41. See art. 48, The Initiative, IV, § 3 (“A proposal for an amendment to the constitution . . . [may be] amended by a vote of three-fourths of the members voting thereon in joint session . . .”). Thereafter, in 2006, the Legislature enacted a sweeping health care reform act entitled, “An Act providing access to affordable, quality, accountable health care,” St. 2006, c. 58, at which point the initiative amendment was referred by the joint session for further study by a special committee of the joint committee on health care financing, while experience was gained under the new health care act. The members of the joint session then voted 101-92 not to release the initiative amendment from the joint committee so that it could be brought forward for a vote on the merits in the 2005-2006 session. It cannot be ascertained whether any or all of the ninety-two members who voted to
Reference
- Full Case Name
- Committee for Health Care for Massachusetts & others v. Secretary of the Commonwealth
- Status
- Published