MA Voters Denied Voice On State Income Tax Reduction

Today’s ruling by the Massachusetts Supreme Judicial Court is a serious disappointment for Commonwealth families struggling under one of the highest tax and cost burdens in the nation. The Court’s decision rests on a drafting error in the Attorney General’s summary of the petition—a matter entirely outside the control of voters and petition signers. As a result, the people of Massachusetts will be denied the opportunity to decide whether the Commonwealth should reduce the income tax rate from 5 percent to 4 percent.

The larger issue is whether voters should lose the opportunity to decide an important economic question because of a drafting error in a government-prepared summary. No ballot question has ever been removed due to a minor drafting mistake. Today’s decision means that a technical defect in a summary prepared by the government can prevent voters from considering a question that otherwise qualified for the ballot.

That matters because Massachusetts faces serious economic challenges. Since 2020, the Commonwealth has experienced a net domestic outmigration of 182,000 residents. The largest group leaving is young adults between the ages of 26 and 34: the very people who will shape our workforce, economy, and communities in the decades ahead. Even as competitor states like Florida, North Carolina, and Texas experience massive job growth, Massachusetts is one of a handful of states to lose jobs since the start of the pandemic. On net business formation, Massachusetts has gone from 2nd to 50th in the nation. Add to that government inaction in the face of rising healthcare, electricity, and housing costs. Affordability is the defining concern for families and businesses across the Commonwealth.

Today’s ruling does nothing to address those realities. It simply denies voters the opportunity to consider one potential response to them. Massachusetts families deserved the chance to weigh the question for themselves.

Pioneer Institute, through its research, the work of the Legal Foundation before the courts, and the Mass Opportunity Alliance coalition, will continue advancing policies to make Massachusetts more affordable and more attractive to the families, workers, entrepreneurs, and employers on whom our future depends.