BOSTON (AP) — Massachusetts voters said yes to auditing the Legislature but rejected increasing the hourly wage for workers who collect tips. Those were among five measures on Tuesday’s ballot. The three other ballot questions were too early to call. If approved, they would give union rights to drivers for ride-hailing companies like Uber and Lyft, allow the use of certain plant-based psychedelics and eliminate the use of statewide tests as a high school graduation requirement.
Defeated: Raise minimum wage for tipped workers
Voters defeated a proposal to gradually increase how much employers must pay workers who collect tips, like servers in restaurants.
The state’s wage for tipped workers is now $6.75 an hour, while the minimum hourly wage for most other workers is $15. Now, if a worker doesn’t earn enough in tips to bring them up to $15 an hour, the employer must make up the difference.
Under the proposal, employers would have been required to pay tipped workers $9.60 on Jan. 1, and match the state’s full minimum wage at the start of 2029.
Supporters argued tips should be a reward for good service, not a subsidy for low wages. Critics said the proposal would have reduced overall wages for servers, increase costs for restaurants and patrons and could force some neighborhood eateries to close.
Approved: Allow audit of the state Legislature
Voters gave the state auditor the power to audit the Legislature.
The ballot measure had been spearheaded by state Auditor Diana DiZoglio, who formerly served in both the state House and Senate. She said the passage of the measure is a victory for those who want a more open state government.
“The people of Massachusetts want the equity, transparency and accountability that a legislative audit would bring,” she said.
Critics had said the question would violate the separation of powers outlined in the Massachusetts Constitution.
Democratic Senate President Karen Spilka and House Speaker Ronald Mariano released a statement saying they will consider “how to best respect the Question 1 election results in a manner that aligns with the fundamental principles of the Massachusetts Constitution, including separation of powers.”
Allow Uber, Lyft drivers to unionize
Drivers for ride-hailing companies like Uber and Lyft are considered independent contractors who don't have the right to unionize under federal law.
The proposal would allow them to unionize in the state. Drivers wouldn't be required to participate. Individual companies could team up to form associations to represent their interests in negotiations.
As part of the measure, the state would have the right to approve negotiated contracts. The proposal would also create a hearing process when a company or union is charged with an unfair work practice.
Unions pushed for the change despite a settlement announced in June by the state attorney general’s office guaranteeing Uber and Lyft drivers earn a minimum pay standard of $32.50 per hour.
Opponents said the measure will raise prices for riders without directly benefitting drivers. Critics also argued that the question would create what they call “a new radical labor category” that is inconsistent with federal labor laws and say the drivers already enjoy benefits including the higher hourly rate and paid sick and family medical leave.
Legalize psychedelics
The ballot issue would allow residents 21 and older to grow and use plant-based psychedelics in certain circumstances, making it the third state to legalize some mind-altering drugs that are considered illegal by the federal government.
The psychedelics include two found in so-called “magic mushrooms” — psilocybin and psilocyn — and three from plants — mescaline, dimethyltryptamine and ibogaine.
The measure would allow the substances to be purchased at approved locations for use under the supervision of a licensed facilitator. Although it would prohibit retail sale, it would let individuals grow psychedelics at home and share them.
The proposal would allow for the regulation and taxation of psychedelics and create a five-member commission to oversee the industry.
Critics warned it could lead to a black market. They also argued the centers would not be prevented from giving psychedelics to people considered high risk, like those with schizophrenia, bipolar illness or who are pregnant or breastfeeding.
Drop tests as requirement for high school diploma
Massachusetts students must pass comprehensive tests to receive a high school diploma. The ballot issue wouldn’t get rid of the tests, but passing them would no longer be required for graduation.
The Massachusetts Comprehensive Assessment System tests are given in mathematics, science and technology and English.
Instead of passing the tests, students would be required to finish coursework certified by the local school district and achieve state academic standards in the subjects.
Teachers unions have been among the strongest critics of using the tests as a graduation requirement, saying that “teaching to the test” limits their ability to give students a fuller education.
Supporters of the tests argued that without the testing requirement, school districts will adopt lower standards so students can graduate. They said it’s unfair to grant diplomas to students who aren’t ready.
Steve Leblanc, The Associated Press