Policy Order O-11

WHEREAS: The 1994 “Motor Voter Law,” intended to increase citizen participation in elections by promoting voter registration, also tightened requirements for removing names from the Voting Lists; and

WHEREAS: Municipal Voting Lists soon came to include the names of many people who were no longer residents, artificially inflating the Lists; and

WHEREAS: In Massachusetts, a local initiative petition requires approval by at least one-third of the registered voters for passage, artificial inflation of the Voting Lists effectively dilutes rights of actual resident voters; and

WHEREAS: In Cambridge, in order to be approved, an initiative petition would have to receive more affirmative votes than the total number of votes cast in any recent municipal election; and

WHEREAS: More than two years ago the Cambridge Election Commissioners drafted a proposal to correct this problem that was approved unanimously by the City Council, and submitted to  the 2001 Legislative session as H. 995; and

WHEREAS: H. 995 was put into study and other bills to address this dilution of the rights of actual voters have been filed in this legislative session; and

WHEREAS: Secretary of State William Galvin’s office testified on April 9, 2001 against the bill; and

WHEREAS: The Office of the Secretary of State has failed to take any steps to correct the unintended dilution of voting rights; and

WHEREAS: A lawsuit has been filed to compel action by the Secretary of State; now therefore be it

ORDERED: That the City Manager be and hereby is requested to direct the Law Department to prepare and file an amicus brief in support of this lawsuit; and be it further

ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter in three weeks.