Citizens of Wisconsin risked their lives to vote last week. Because of actions by their state legislature, upheld by a 5-4 a Supreme Court decision, Wisconsin residents were forced to choose between exercising their right to cast a ballot and protecting their health – as well as the health of all with whom they come into contact.
Massachusetts is taking a page from the Wisconsin playbook.
Despite COVID-19, and as Governor Baker reports that Massachusetts has not reached the virus apex, election policies that directly counter social distancing advisories remain the law of the land. Indeed, potential candidates for office across the Commonwealth are still required to gather the same number of signatures for inclusion on the ballot as they were prior to the pandemic.
Senator Markey’s campaign is but the highest profile candidate affected. Senate candidates are required to gather at least 10,000 signatures to gain access to the ballot, although most candidates collect far more than the required amount to ensure they have enough valid signatures. The campaign reports understandably not focusing on the signatures as it secured state party caucus victories and then planned to gather signatures at rallies and campaign events. Enter COVID-19.
Never in our collective lifetimes have we been so aware of how important quality, competent office holders are for our literal survival and that of our democracy. Yet, all across Massachusetts, those seeking these vital offices must still meet signature requirements enacted for a far different era. Signature requirements for state offices are lower, but some district and county offices still require 1,000 signatures.
These requirements will prevent quality candidates from appearing on your ballot. After all, many office seekers are first-time candidates without the resources of a professional campaign apparatus. Collecting signatures means putting one’s friends and family at risk in gathering required signatures while similarly putting potential constituents at risk as they sign the requisite lists. Open, competitive elections elections should not demand such risks.
Our students provide example of who is affected. One of our students is running for the state legislature, but he may not make the ballot because he cannot go door-to-door or to public places to collect signatures. Another student collected signatures for a candidate in a public place, tweeting to urge supporters to maintain social distancing when signing even asking them to bring their own pens. As professors of Political Science, we encourage political engagement across party lines but that encouragement is now riddled with ambivalence. Our democracy depends on office-seekers and an engaged citizenry but such engagement need not involve health risk.
There is a solution. Legislation currently pending in the state legislature would reduce the number of signatures candidates are required to gather; this legislation is supported by both the Democratic and Republican parties in Massachusetts. Today, the Massachusetts Supreme Court hears arguments in a lawsuit requesting a reduction in the signature requirements.
Other states have already made such a move. In New York, Governor Cuomo signed an executive order reducing the number of signatures potential candidates are required to collect, such that candidates only need to collect 30% of previous statutory requirements.
But time is running out. Here in MA, May 5th is the deadline to submit signatures to appear on the ballot. Governor Baker’s stay-at-home order and social distancing guidelines are in place until at least May 4th.
The state legislature must act now to protect the health of candidates, their supporters, and the general public by reducing signature requirements as New York and other states have done. If the legislature refuses to act, Governor Baker should follow Governor Cuomo’s lead and issue an executive order. If neither the Governor nor the legislature acts, the Supreme Court must rule in favor of the petitioners and order the signature requirements reduced.
Like Wisconsin voters, Massachusetts residents should not have to choose between democracy and public health.
Shannon Jenkins, Professor of Political Science, UMass Dartmouth
Erin O’Brien, Associate Professor of Political Science, UMass Boston