SJC Issues Advisory Opinions on Ballot Questions Affecting the State Legislature

On April 27, 2026, the Massachusetts Supreme Judicial Court (SJC) issued advisory opinions on two proposed ballot questions focused on the state Legislature, one targeting legislative pay and procedure and the other aimed at making the Legislature and Governor’s office subject to the Public Records Law. With respect to the pay and procedure question, the Justices determined that it is unconstitutional should not have been certified to appear on the November ballot. As for the public records question, the Justices acknowledged that it presents legitimate constitutional concerns, raising fundamental issues relating to the Legislature’s rule-making authority, separation of powers, legislative speech and debate, as well as legislative privilege and immunity. While the Justices deferred consideration of these important issues for the time-being, they made clear that the Court will likely have to resolve them if the public records ballot question becomes law without any changes.

Representing the state Senate with Senate Counsel Jim DiTullio, Hemenway & Barnes attorney, Jennifer Grace Miller, described the opinions as validating the Senate’s long-standing constitutional concerns with both ballot questions.

Read more: SJC raises doubts about legislative stipends ballot question, The Boston Globe