2022 MA Senate Scorecard: The Rest of the Session in Review

PM Scorecard graphic

A scorecard, as we like to say, should tell a story. And telling that story requires careful attention. 

As we analyzed recorded votes since our mid-term scorecard update, we focused on votes that advance our Legislative Agenda / Progressive Platform and, importantly, highlight a contrast between legislators. 

Because of that, we shy away from including many unanimous votes: before any unanimous vote, there are often many legislators putting up roadblocks along the way, as well as concessions made to achieve broader support. Moreover, in a case of unanimity, a recorded vote is motivated more by legislators’ desires for a good press release than anything else (if there’s a time to voice vote, it would be then). No scorecard can ever fully capture such behind-the-scenes jockeying, but setting a high bar before including a unanimous vote helps. 

False Solutions for Rising Inflation  

In the wake of rising inflation, conservatives in the state and nationally started pushing for suspending or even eliminating the gas tax. Such a move does not get at the root of the commodity speculation pushing the price increase and drains revenue that could be used to address the true cost drivers. More forward-thinking policymakers embraced free public transit as a way to address rising costs (see, for example, Connecticut). Votes to suspend the gas tax came up during a supplemental budget in March and in the regular budget in May; we scored the former, which failed 11-29 (21s). Paul Feeney (D-Foxborough), Barry Finegold (D-Andover), Anne Gobi (D-Spencer), Mark Montigny (D-New Bedford), Michael Moore (D-Auburn), Marc Pacheco (D-Taunton), Walter Timilty (D-Milton), and John Velis (D-Westfield joined Republicans in the gimmick. 

Tackling the Climate Crisis 

In April, the Senate took up a multi-issue climate bill to accelerate the clean energy transition, with a particular focus on electrification of transportation and also, to a lesser extent, on building emissions. You can read our full write-up here. It was a strong bill and passed on party lines, i.e., 37 to 3 (23s). There were several worthwhile amendments that passed with recorded votes, but we chose not to score the unanimous votes to allow local pension funds to divest from fossil fuels and require MassDOT to assist Regional Transit Authorities in transitioning to the use of electric buses (If there was unanimous support, it could have just been in the base bill that came to the floor or received a voice vote to move along the process faster). However, Senator Pacheco’s amendment based on his Building Justice with Jobs bill received a more contentious vote (22s). The amendment requested $1 billion from federal Covid-19 recovery funds be transferred to the Clean Energy Investment Fund for at least 1 million home retrofits, prioritizing people living in Environmental Justice (EJ) communities. The amendment was a key priority for the Mass Renews Alliance, MA Power Forward, 350 Mass, and the Mass Sierra Club, but it failed 11 to 28, with a coalition of yes votes from both some of the most progressive and the most conservative senators. 

Sports Betting

Despite the many far more important issues the Legislature could have devoted time to addressing this session, the Legislature was consumed a fair amount by the question of legalizing sports betting. We have been on the record opposing the expansion of casinos given the public health impacts of gambling and the predatory business practices at its core; however, we did not engage in this fight. That said, Sen. Sonia Chang-Díaz (D-Jamaica Plain) roll-called an amendment to the Senate’s sports betting bill to build an evaluation of sports betting license-seekers’ Diversity, Equity, and Inclusion (DEI) commitments and past record into the licensing process. If the industry is to exist, it should not reinforce the inequities of the economy at large. Unfortunately, Senate Leadership opposed the amendment, and it failed 14 to 26 (24s) — a nonetheless remarkably close vote by our Legislature’s standards. 

Work & Family Mobility Act 

Although we are often more critical of the House than of the Senate, the Senate were the laggards on the Work & Family Mobility Act, which the House passed in February but the Senate did not take up until May (intentionally after the filing deadline for candidates…). The bill, 

for which immigrants’ rights advocates had been fighting for decades, would remove immigration status as a barrier to obtaining a driver’s license so that all drivers on the road are tested and so that immigrants without status are able to drive safely to work, to school, to the hospital, etc. It passed 32 to 8 (30s), with only 5 Democrats joining the 3 Republicans in opposition. Republicans tried several times to weaken the bill, with amendments to create a second-class status for such new license-holders, increase entanglement with ICE, or foster voter fraud conspiracies. They all failed, obtaining between 4 and 7 Democratic votes depending on amendment (25s – 29s). 

Nick Collins (D-South Boston), Anne Gobi (D-Spencer), Marc Pacheco (D-Taunton), Walter Timilty (D-Milton), and John Velis (D-Westfield) were the only Democrats to oppose it. John Keenan (D-Quincy), Mark Montigny (D-New Bedford), and Michael Moore (D-Auburn) were the only senators to vote for the bill but support at least one effort to weaken it.

Criminal Legal Reform 

In late June, the Senate took up two bills to make the criminal justice system slightly more “just.” The first bill was to reform the civil asset forfeiture system, raising the legal bar that law enforcement must meet to seize and keep people’s money and property in suspected drug crimes. MA currently allows DAs the lowest legal burden of proof to keep property that’s seized, even when charges are never filed, and is the only state to do so. The Senate passed it 31 to 9, with 6 Democrats joining Republicans in opposition (32s). A Republican amendment to weaken the bill failed 10 to 29 (33s).

Mike Brady (D-Brockton), Nick Collins (D-South Boston), Barry Finegold (D-Andover), Marc Pacheco (D-Taunton), Walter Timilty (D-Milton), and John Velis (D-Westfield) were the only Democrats to oppose it. Anne Gobi (D-Spencer) and Michael Moore (D-Auburn) voted for the effort to weaken the bill but ultimately supported it. Nick Collins (D-South Boston) opposed the effort to weaken the bill, but then also voted against the bill itself. 

The second was to increase opportunities for judicial diversion for youth, thereby ensuring opportunities for rehabilitation and curbing the school-to-prison pipeline. It passed 32 to 8, with 5 Democrats joining Republicans in opposition (36s). The Senate also defeated three Republican efforts to weaken the bill, with amendments receiving between 3 and 9 Democratic supporters (33s – 35s). 

Nick Collins (D-South Boston), Barry Finegold (D-Andover), Anne Gobi (D-Spencer), Marc Pacheco (D-Taunton), and John Velis (D-Westfield) were the only Democrats to oppose it.Paul Feeney (D-Foxborough), Mark Montigny (D-New Bedford), Michael Moore (D-Auburn), and Walter Timilty (D-Milton) all supported at least one of the conservative amendments but still voted for the bill itself. 

In a sad final note for the session, however, the Senate embraced a harmful proposal from Governor Baker to reinforce the carceral framework. After the House and Senate passed a measure to end the predatory practice of charging incarcerated individuals exorbitant costs to connect with their loved ones (No Cost Calls), Governor Baker threatened to veto it unless the Legislature also passed his “dangerousness bill,” an expansion of pre-trial detention (i.e., when individuals are incarcerated without yet being convicted of a crime) with few if any safeguards. Despite being touted as a victims’ rights bill, the proposal was opposed by Jane Doe, Inc., who argued that the bill would be harmful for the survivors they serve. 

Nonetheless, in the final hours of the session, the Senate chose to pass a narrowed but still harmful version of Baker’s proposal, thereby closing off a path forward for the No Cost Calls bill and pandering to the worst of “tough on crime” mentality. The amendment passed, shamefully, 30 to 8 (38s). The eight rightful dissenters were Mike Barrett (D-Lexington), Sonia Chang-Díaz (D-Jamaica Plain), Jo Comerford (D-Northampton), Cindy Creem (D-Newton), Jamie Eldridge (D-Acton), Adam Hinds (D-Pittsfield), Pat Jehlen (D-Somerville), and Jason Lewis (D-Winchester).

Reproductive Justice 

Although the Legislature often claims that it cannot quickly, at times, it can, and the Legislature responded quickly to the Dobbs ruling by passing a follow-up bill to last session’s ROE Act. The new bill established critical protections for Bay Staters who provide or help someone access reproductive health care and gender-affirming care, requiring insurance to cover abortion and abortion-related care, and other important measures supporting reproductive justice and bodily autonomy. It passed overwhelmingly 39 to 1, with only Republican Ryan Fattman (R-Sutton) opposing it (37s). 

Labor Solidarity 

In April, members of the MA State Senate staff announced that after years of staff organizing, they achieved the number of authorization cards necessary to form a MA Senate staff union. On Thursday, March 31, representatives of the International Brotherhood of Electrical Workers Local 2222 (IBEW) notified Senate President Karen Spilka of the successful majority and requested voluntary recognition of the Massachusetts State House Employee Union, which would become the second state legislative staff union in United States history. Senate Leadership has remained resolutely opposed to recognizing them, and to show solidarity with the union organizers, we chose to score any statements made by senators in support of the Staff Union (39s).

We Protected the Work & Family Mobility Act on the Ballot. Make Sure It Gets Implemented Right

Earlier this month, because of the work of supporters like you, we were able to protect the Work & Family Mobility Act on the ballot and ensure that all qualified drivers, regardless of immigration status, will be able to obtain a driver’s license.

But the work isn’t done. The bill has to be implemented properly.

The Registry of Motor Vehicles is currently accepting public comment on a set of draft regulations for implementing the bill. These regulations, which impose unnecessary restrictions to getting a license, are extremely concerning to those of us who advocated for this law.

Please email the RMV with the Driving Families Forward Coalition’s recommended changes.

So many years of organizing went into making this victory possible: we need to make sure it gets implemented properly.

PM in the News: “Healey in the Middle” | Axios

Mike Deehan, “Healey in the Middle,” Axios, November 28, 2022.

“Jonathan Cohn from Progressive Mass. told Axios environmentalists expect Healey to go further than Baker on implementing climate laws already approved by lawmakers…..

  • “I don’t think there has been much clarity on policy issues,” Cohn said.
  • Cohn and other progressives are watching closely at who Healey puts on her transition teams and in her cabinet for hints at how aggressively progressive the new administration will be on issues like education and housing.”

Making sense of the Massachusetts midterms | The Justice

Noah Risley, “Making sense of the Massachusetts midterms,” The Justice, November 15, 2022.

Jonathan Cohn, the policy director at Progressive Mass, a grassroots activism organization, felt Healey had not been “as direct in her policy proposals” as he would have liked. In a Nov. 14 email to the Justice, he elaborated that he was hopeful about the Healey/Driscoll team, and said they care far more about “climate action, reproductive rights, public schools, and public transit than [Governor] Baker does.” Cohn said Baker “tends to get a pass” for right-wing beliefs due to a “boring congeniality” and that he “enables the worst instincts” of the Massachusetts legislature, saying they can “always use the real or imagined threat of a veto as an excuse for inaction.” Cohn hopes that with Healey as Governor, the Legislature will embrace new opportunities to deliver on Democratic priorities. For instance, Cohn said that his organization plans to push for more ambitious legislation to counteract the “inertia” of inaction in the Legislature.  

Celebrating—and Building on—Historic Victories

YES on 1 YES on 4

On Tuesday, Massachusetts voters made history. We made history.

YES on 1, YES on 4

By voting YES on 1 and passing the Fair Share Amendment, Massachusetts voters said YES to a more equitable tax code and to transformative investments in our public schools and infrastructure.

This victory was years, decades, in the making. Since voters put a flat tax into the state constitution in 1915, Massachusetts has suffered from a regressive tax code, hamstringing our ability to deliver on a goal on shared prosperity despite great resources. Five times, activists tried to change that, but each time, facing moneyed opposition, misinformation, and anti-tax sentiment, they lost.

But this time, we—the people—won. The millionaires and billionaires of the state will chip in more so that every student can get a high-quality public education, so that our public colleges and universities can get proper funding, so that our roads and bridges can be safe to drive on, and so that our public transit systems can move us around the commonwealth more quickly.

And that win would never have happened without the countless hours of work from members of the Raise Up Mass Coalition, which we have been proud to be a part of. Your hours of signature collection, pledge card collection, phone calling, canvassing, educating friends and neighbors, holding events. It is that work that is the lifeblood of democracy.

By voting YES on 4 and upholding the Work & Family Mobility Act, we cemented our status as the 17th state to ensure that all qualified drivers, regardless of immigration status, can obtain a driver’s license, making our roads safer, expanding economic opportunity, recognizing that mobility is a basic right, and treating our immigrant communities with the dignity they deserve.

That victory, both legislative and ballot, was the result of the Driving Families Forward coalition, which we were proud to be a part of. And it, again, required the work of outreach, of organizing, and of pushing back against misinformation.

Both wins show the power of organizing across the Commonwealth in ways that bring community groups into coalition with labor and in ways that listen to the voices and needs of the most impacted.

So, THANK YOU for what you’ve done in making those victories possible.

But also THANK YOU for the work you will continue to do. Progressive Mass was founded almost ten years ago out of a recognition that this work needs to continue after the election is over. That period in between cycles is when we preserve and grow the power that we build, where we foster communities of organizers, where we educate our neighbors about what is possible.

We hope you’ll join us in that work by becoming a member of Progressive Mass.

Thank you for all you do.

PM in the News: What to expect when you’re expecting Maura Healey

Adam Reilly, “What to expect when you’re expecting Maura Healey,” WGBH, November 9, 2022.

The anticipatory goodwill has its limits. Jonathan Cohn, the policy director of Progressive Massachusetts, acknowledges that Healey will be (from his vantage point) better than Baker on a number of issues, from abortion rights to the environment to driver’s licenses for unauthorized immigrants. Yet Healey’s unwillingness, on the campaign trail, to speak frankly about where she parts ways with Baker left him perplexed.

“I have found it kind of strange that she doesn’t even go for low-hanging fruit when trying to describe how she would be different than Charlie Baker,” Cohn said.

PM in the News: Immigration Justice Ballot Measure Tests Massachusetts Progressivism

Tisya Mavuram, “Immigration Justice Ballot Measure Tests Massachusetts Progressivism,” The American Prospect, November 2, 2022.

“For many voters, the idea that everybody who is driving should be licensed and insured just makes sense,” Progressive Massachusetts Political Director Jonathan Cohn told the Prospect.

….

Despite these challenges, Cohn remains optimistic about the coalition behind the Yes on 4 campaign. “It’s important to make sure that your legislative campaigns are done in such a way that you build an organizing apparatus to not only win legislation but to protect legislation,” he said. “Passing a bill is the first step.”

The Legislature’s Grade for this Session? INCOMPLETE

Earlier this week, a coalition of 79 organizations and residents across the Commonwealth sent a letter asking the MA Legislature to come back and pass key policies that were left on the table at the end of the formal legislative session.

  • Can you call your legislator today to demand they reconvene for a special session?
  • Will you join us and allies for a rally outside the State House on Friday, October 28, from 4-5pm?
Special Session Rally Outside the State House: Friday, October 28, 4 pm to 5 pm

(graphic credit: Families for Justice as Healing)

Although the formal legislative session ended on July 31, the current Legislative session does not actually end until the beginning of January.

That’s right: the Legislature has more than two months in which they could come back and finish their work, rather than let Baker’s vetoes or intra-chamber bickering doom key policies like

  • The Jail and Prison Construction Moratorium, which would enact a five year pause on jail and prison construction and expansion
  • No cost calls for incarcerated people without amendments that would increase pretrial detention
  • Funding for hybrid meetings so towns can make local government accessible to residents by offering virtual attendance options
  • The HOMES Act, which would allow people to seal their eviction records so they can access housing
  • Funding for VOCA (Victims of Crime Act) to prevent cuts to services for sexual and domestic violence survivors

All of these policies have broad support in the Legislature, but they didn’t make it across the finish line on July 31st because of Baker’s late-breaking vetoes or the inability of our State Senate and State House to come to an agreement on how to respond.

Let’s be clear: those are not good excuses when the need for all of these policies is so great. So let’s take action.

  • Can you call your legislator today to demand they reconvene for a special session?
  • Will you join us for a rally outside the State House on Friday October 28 from 4-5pm?

Your Voter Guide for The Upcoming Election

Election Day is less than three weeks away. Do you have a plan to vote?

Fortunately, you have options for how to vote this year (and, indeed, you may have already voted!):

  • Vote by mail: If you haven’t sent in a vote-by-mail application yet and wish to do so, you can download a form here. If you’ve already received your ballot, you can send it back via mail or via a dropbox near you. And if you want to confirm receipt, you can track your ballot.
  • Vote early in person: Early voting starts this weekend. You can find locations in your community here.
  • Vote on Election Day: As always, you can confirm your polling place at wheredoivotema.com.

And remember, the deadline to register to vote or update your registration is Saturday, October 29. You can register online here if you need to.

Your Progressive Guide to the Statewide Ballot Initiatives

YES ON 1: Fair Share Amendment

The Fair Share Amendment – Question 1 on the November ballot – will allow Massachusetts to improve our transportation and public education systems by making the very rich pay their fair share. Question 1 would create a 4 percent tax on the portion of a person’s annual income above $1 million and constitutionally dedicate the funds to be spent on transportation and public education. Only people who earn more than $1 million annually will be impacted; 99% of us won’t pay a penny more. And we’ll all benefit from better schools, roads, bridges, and public transportation. Learn more and get involved at FairShareMA.com.

YES on 2: Better Dental Care

In Massachusetts, we have a law that requires medical insurance plans to spend at least 88% of all money taken in by premiums on health care or efforts to improve the quality of health care delivery. However, no such requirement exists for dental insurance, enabling insurance companies to siphon off as much as they want to line executives’ pockets. Question 2 would establish such a requirement for dental insurance plans so that dental insurance premiums go toward care, rather than profit, and strengthen financial transparency and regulation of dental insurance companies.

YES on 4: Safer Roads

A YES on 4 would uphold the Work & Family Mobility Act, a bill passed by 75% of the MA Legislature that would allow qualified drivers – regardless of immigration status – to pass a road test, buy insurance, obtain a license and legally drive in Massachusetts. By voting YES ON 4, Massachusetts voters will ensure that immigrants without status can legally make essential trips, like dropping off kids at school and getting to work, medical appointments, and the grocery store, while upholding the regulatory framework that ensures all drivers have passed a road test, bought insurance, and have a form of verified identification. Learn more and get involved at https://saferroadsma.com/.

Wait, Is There a 5 or a 6, too?

In select state representative districts, there are non-binding advisory questions as well, and if you see them on your ballot, you should also vote YES:

  • YES on 5, which would instruct the district’s state representative to support legislation to create a single payer health care system in Massachusetts so that we finally treat health care as a right, not a privilege.
  • YES on 6, which would instruct the district’s state representative to support a change to the MA House’s rules enabling all legislative committee’s votes to be public, posted online as they are on most other states.

Both are clear and simple; you should vote YES, and your state representative should listen.

Legislative Endorsements

As a reminder, our members have endorsed the following candidates:

State Senate

Hampden, Hampshire & Worcester: Jake Oliveira

Norfolk, Worcester & Middlesex: Becca Rausch

Second Suffolk: Liz Miranda

First Worcester: Robyn Kennedy

State House

3rd Bristol: Carol Doherty

7th Essex: Manny Cruz

8th Middlesex: James Arena-DeRosa

22nd Middlesex: Teresa English

27th Middlesex: Erika Uyterhoeven

9th Norfolk: Kevin Kalkut

11th Plymouth: Rita Mendes

5th Suffolk: Christopher Worrell

15th Suffolk: Sam Montaño

11th Worcester: Stephen Fishman

17th Worcester: David LeBoeuf

District Attorney

Plymouth County: Rahsaan Hall

Election Day Is One Month and One Day Away. Let’s Get to Work.

Election Day is one month and one day away. That’s right: November 8 is coming fast.

And there are many opportunities, all across Massachusetts, to help ensure victory for Question 1 and Question 4 this November.

Question 1: The Fair Share Amendment

As a reminder, Question 1, the Fair Share Amendment, would add a 4% surtax to the portion of someone’s annual income over $1 million to raise $2 billion in constitutionally dedicated funds for public education and transportation across the Commonwealth. 99+% of us won’t pay a penny more, but we will all benefit from the investments the revenue would make possible.

Those investments can mean greater funding for early education, for more teachers and counselors in our schools, for lowering tuition and hiring faculty and at our public colleges and universities, for fixing potholes, for upgrading structurally deficient bridges, and for expanding access to high-quality public transit.

Here’s how you can help:

  • Find a canvass near you.
  • Sign up for a phone bank.
  • Sign up for a relational organizing training.

Question 4: The Work & Family Mobility Act / YES for Safer Roads

As a reminder, in June over 75% of Massachusetts State Senators and Representatives voted to override a gubernatorial veto so that all qualified state residents, regardless of immigration status, can apply for a standard Massachusetts driver’s license starting on July 1, 2023, joining 18 other states with such laws including our neighbors New York, Connecticut, Rhode Island, and Vermont.

Unfortunately, xenophobes and reactionaries in the state are trying to overturn this and are hoping to repeal it by ballot. But we won’t let them.

Vote YES to keep the law in place for safer roads, greater public safety, and work and family mobility.

  • Find a canvass near you.
  • Sign up for a phone bank.
  • Pledge to vote YES on Question 4 here.