Case Summary
Jim Lyons, Chairman of the Massachusetts Republican Party and Rayla Campbell, the Republican candidate for Secretary of the Commonwealth in the 2022 elections, filed a state court lawsuit alleging the VOTES Act, which expanded early voting, among other voting reforms, violated the state constitution. LWV Massachusetts filed an amicus brief to protect early voting in Massachusetts.
On June 22, 2022, Governor Charlie Baker signed the VOTES Act into law. The act made several far-reaching changes to Massachusetts elections. Among the main changes was allowing any voter to vote early by mail, or in person, in primary and general elections.
The following day, June 23, 2022, Jim Lyons, Chairman of the Massachusetts Republican Party, Rayla Campbell, the Republican candidate for Secretary of the Commonwealth, and several co-plaintiffs filed a lawsuit in the Massachusetts Supreme Judicial Court (“SJC”), asserting several parts of the act, including the expansion of early voting, were unconstitutional and requested a temporary restraining order to prevent it from taking effect.
On June 29, 2022, a single justice of the SJC referred the case to the full SJC, citing the need for a quick decision on the law’s constitutionality, as applications for permanent absentee voting were scheduled to be mailed to all 4.7 million registered voters in the state by July 23, 2022.
In their opening brief, the plaintiffs asserted that because Article 45 (renumbered and revised as Article 105) authorized the legislature to enact mail voting under certain specified conditions, such as voters’ absence from their residence on Election Day, the legislature was not allowed to go beyond this grant of authority by expanding early voting for all voters in primary and general elections. The plaintiffs also argued Article 64 also forbade expanding early voting because it specified specific election dates for primary and general elections.
On July 5, 2023, the League of Women Voters of Massachusetts (“LWV Massachusetts”) and Common Cause Massachusetts filed an amicus brief in support of the VOTES Act. The brief argued that since the Massachusetts Constitution did not prohibit early mail voting, the legislature had the power to expand this option for casting a ballot. LWV Massachusetts and Common Cause Massachusetts also asserted the history of Article 45 and subsequent constitutional revisions did not limit the legislature’s authority to allow universal early voting for all voters. Finally, the brief warned, that if plaintiffs prevailed, voters could be faced with voting by mail for the September primary and in the November general election, but not having the races for governor or state senator listed on them, based on the plaintiffs’ arguments.
On August 30, 2022, the SJC issued its opinion, ruling that neither Articles 45 nor 64 of the state constitution forbade the legislature from expanding early voting. The court also ruled the legislature had legally acted within its plenary powers and the constitution’s provisions on voting when doing so.
The League was represented in this matter by Hemenway and Barnes, LLC, Anderson Krieger, and Sugarman, Rogers, Barshak & Cohen, PC.
LWV Timeline
Governor Charlie Baker signs VOTES Act into law
Governor Charlie Baker signs the VOTES Act into law. The act allows voters to vote by mail without an excuse, expands early voting, and moves up the deadline to register to vote, among other changes.
Plaintiffs file lawsuit
Jim Lyons, Chairman of the Massachusetts Republican Party, Republican nominee for Secretary of State Ralya Campbell, and three individual plaintiffs sue in state trial court, asserting several provisions of the VOTES Act are unconstitutional.
State trial court refers case to Massachusetts Supreme Judicial Court
In consideration of the novel constitutional questions raised and the pending deadlines to send out mail ballot applications by July 23, 2022, the court exercises its power to reserve the case for the full Massachusetts Supreme Judicial Court to decide.
Plaintiffs file opening brief
Plaintiffs file their opening brief, arguing the VOTES Act’s expansion of early voting violates the state constitution and is beyond the legislature’s power to enact.
LWV Massachusetts files amicus brief
LWV Massachusetts and Common Cause Massachusetts file an amicus brief defending the VOTES Act’s expansion of early voting, stating the history of the constitutional provisions at issue authorized the legislature to act, and that siding with the plaintiffs’ request would confuse voters.
Massachusetts Supreme Judicial Court issues preliminary order upholding VOTES Act
In a one paragraph order, the court denies plaintiffs’ request to enjoin implementation of the VOTES Act. The order is issued to prevent disruption of the 2022 elections.
Massachusetts Supreme Judicial Court issues full opinion
The court upholds the VOTES Act, finding the state constitution did not bar expanding early voting and that the legislature had acted within its plenary legislative authority when enacting the law.