Mass voters overwhelmingly say “yes” to Question 1

policy

State Auditor Diana DiZoglio now has the authority to audit the state Legislature following a ballot question.

Massachusetts voters have officially voted “yes” on Question 1, allowing the state auditor to audit the state’s legislation.

According to the Associated Press, the measure passed with 71.4 percent of the vote, with 63.43 percent of precincts giving their approval as of 11:54 p.m. Tuesday. Auditor Diana DiZoglio said she believes the government can do “amazing things” after the AP certified the results.

“Today’s victory is an opportunity for all of us to look forward and work to improve our Legislature,” DiZoglio said in a statement. “The people of Massachusetts want the justice, transparency and accountability that legislative review would bring, not because of divisions or party lines, but because of our great potential to advance progress together.”

Previously, the state Legislature was the only statewide body not subject to audit. DiZoglio has been pushing for that authority since last year, despite opposition from lawmakers.

What does question 1 do?

The question proposed adding language to Massachusetts' general laws that would specifically give the auditor the authority to audit the legislature. The previous language stated that the comptroller may audit “all departments, offices, commissions, institutions and activities of the Commonwealth.”

Proponents of the measure believe a “yes” vote on Question 1 could bring some order to a Legislature plagued by criticism of its effectiveness.

“Legislative leaders contend it is sufficient for the Legislature to conduct audits of itself through a contracted private vendor,” advocates said in a statement submitted to voters. “However, the Massachusetts Legislature is consistently ranked as one of the least effective and least transparent legislatures in America and is one of only four legislatures to exempt itself from public records laws.”

The Boston Globe's editorial board supported the “yes” vote on Question 1, criticized the efficiency of the state legislature and claimed an auditor would help “shed some light on what's going on in the government agency.”

Opponents said giving that authority to the comptroller would violate the separation of powers set forth in the Massachusetts Constitution. Jerold Duquette, co-founder and senior staff member at MassPoliticsProfs, led the opposition. He said Tuesday evening that the results were “expected.”

“The Legislature will strike it down,” he said. “The legislature will fight back, and if the auditor tries to get a court order, he will have to take him to court.”

Duquette said he believes lawmakers will take the matter to court. He also claimed the measure was “unconstitutional” and said DiZoglio knew it.

“But she won’t mention it on the ballot,” he said of DiZoglio.

Now that the measure has passed, state lawmakers have four options should a review cross their desk. They could accept DiZoglio's new powers and allow her to review them, reject the measure but still comply with the review, reject the measure and not comply, or simply ignore any potential review request.

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Eva Levin is a general assignment co-op at Boston.com. She covers breaking and local news in Boston and beyond.

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