Massachusetts voters have approved Question 1, which brings the Legislature and the governor’s office under the state’s public records law, according to an Associated Press projection reported by the Boston Globe and WCVB late Tuesday, November 3, 2026. It is the first of the nine statewide ballot questions to be called. The other eight were still too early to call as of the Globe’s report shortly before midnight.
The measure was backed by State Auditor Diana DiZoglio and Gov. Maura Healey and had no formal opposition, the Globe reported, although some legislative leaders worried it did not do enough to protect the separation of powers between the branches.
What Question 1 does
According to the Attorney General’s summary, Question 1 “would make most records held by the Legislature and the Office of the Governor public records under the Massachusetts Public Records Law.” It exempts two categories:
- documents related to the development of public policy; and
- communications between legislators and their constituents that are reasonably related to a constituent’s request for help getting government benefits or services or dealing with a government agency.
Every exemption already in the public records law still applies. Our September explainer on why the Legislature and governor have been outside the law, and why the policy development exemption will decide how much changes.
When it takes effect
The text says, “This act shall take effect on January 1, 2027.” Before then, the results have to be certified, a process WCVB reported is expected to run until December 2, and the Secretary of the Commonwealth assigns the new law a chapter and section number.
| Step | Date |
|---|---|
| AP projects Question 1 passes | Late November 3, 2026 |
| Mail ballots postmarked by Election Day must arrive | 5 p.m., November 6, 2026 |
| Certification expected to be complete (WCVB) | About December 2, 2026 |
| Law takes effect | January 1, 2027 |
How a records request works today
Once a record is a public record under the law, the existing request rules in G.L. c. 66, which we read at malegislature.gov, are what a requester uses. Under § 10(a), a records access officer must provide the record “not later than 10 business days following the receipt of the request,” as long as the request “reasonably describes the public record sought” and any reasonable fee is paid. Requests can be made by hand, by mail or by email. If the office will not or cannot meet that deadline, § 10(b) requires a written response within the same 10 business days.
If a requester thinks a response violates the law, § 10A lets the requester petition the Supervisor of Public Records for a determination, and the statute provides for a lawsuit in Superior Court, where a requester can be awarded attorney fees and costs.
How those rules will work against the Legislature and the governor’s office, which have never had to answer to them, is not yet known. No court has interpreted the new exemptions.
Can the Legislature change it?
Yes. A law passed by voters is an ordinary statute, and the Legislature can amend or repeal it like any other. The House passed its own public records bill earlier this year that lawmakers said would expand public records, WCVB reported, and the Globe reported October 30 that the Legislature had advanced, but not agreed on, bills that could blunt Question 1. State House News Service reported in October that supporters are ready to sue if Beacon Hill tries to replace it. How Article 48 lets the Legislature amend or repeal a voter-passed law.
Frequently asked questions
Did Question 1 pass in Massachusetts?
Yes, according to an Associated Press projection reported by the Boston Globe and WCVB on election night, November 3, 2026. The result is not official until it is certified.
When can I request records from the Legislature or the governor’s office?
The law takes effect January 1, 2027.
Will every legislative record be public?
No. Documents related to the development of public policy and certain constituent communications are exempt, and the existing exemptions in the public records law still apply.
What about the other ballot questions?
As of shortly before midnight on election night, the other eight had not been called, the Globe reported.
Sources: Boston Globe live election coverage and WCVB, November 3, 2026 (AP projection, supporters, certification timing). Measure summary and effective date from the Attorney General’s summary and the full text of Question 1, as previously reported on this site. G.L. c. 66, §§ 10 and 10A, read at malegislature.gov. General information, not legal advice.