Massachusetts voters keep legal marijuana and gun law, add public records, as starter homes question hangs in balance

Why it matters: Voters appeared to approve five of the record-tying nine ballot questions, including changes the Legislature has resisted for years or decades.

Of note: According to the AP, voter were poised to reject two attempts to repeal existing laws: the 2024 gun control law and the legalization of retail marijuana.

• They were also set to reject a proposal to alter the automatic tax refund formula and one to end party primaries.
• Question 7, on single-family zoning, was too close to call.

By the numbers: The share of voters who backed or rejected each question, according to the Associated Press, with about 80% of votes counted as of Wednesday morning.

• Question 1 (public records): Yes, 86.1%
• Question 2 (public defenders union): Yes, 64.5%

• Question 3 (all-party primaries): No, 61.2%
• Question 4 (Election Day registration): Yes, 56.9%
• Question 5 (tax cap reform): No, 52.5%
• Question 6 (conservation funding): Yes, 61.2%
• Question 7 (starter homes zoning): Undetermined
• Question 8 (prohibiting recreational marijuana): No, 75.8%
• Question 9 (retaining gun control): Yes, 67.5%

State of play: Voters extended the state's public records law to the governor's office and the Legislature.

• Those two branches have been largely exempt from the law, which covers many other government agencies.

Yes, but: The change preserves exceptions for policy-development materials and certain constituent communications.

Massachusetts will keep its traditional party primary system, if the AP projection holds.

• Voters rejected a proposal for a single all-party primary starting in 2028, in which the top two finishers would have advanced to November regardless of party.

The intrigue: Party activists who opposed the change had argued it would allow highly funded candidates to crowd out grassroots challengers.

Taxpayers won't see more frequent state rebates after voters appear to have rejected Question 5, which would have rewritten the formula for automatic rebates when the state takes in revenue over a certain threshold.

• The existing formula gave taxpayers a large refund in 2022.
• The proposed formula would have counted revenue from the surtax on incomes over $1 million, which could have made payouts more frequent.

Marijuana will remain legal in Massachusetts, according to the preliminary vote count.

• By rejecting Question 8, voters kept retail sales in place, so adults 21 and older can still legally buy cannabis.
• The failed proposal would have ended licensed adult-use sales beginning Jan. 1, 2028, while keeping medical marijuana and limited adult possession.

The bottom line: The result keeps licensed dispensaries, their employees and tax revenue in place.

Voters seemed to approve Question 4, allowing eligible residents to register at their polling place on Election Day.

• Registrants will show proof of residency and sign an eligibility oath.

Between the lines: Massachusetts was the only New England state without a form of Election Day registration.

• Cities and towns will need new staffing, technology and verification procedures before it takes effect in 2028.

The early vote count shows voters approved a formula that sends existing taxes on sporting goods, recreational vehicles and golf courses to a new conservation fund.

• Conservation groups argued a dedicated stream would protect drinking water, forests, farmland and parks without raising taxes.
• Critics argued earmarking existing revenue could reduce spending on other priorities.

Of note: Because the money is subject to appropriation, the Legislature will still shape how much reaches the fund.

Voters upheld the strict gun control law passed in 2024, according to the Wednesday morning count.

• The law addresses untraceable homemade firearms, licensing, assault-style weapons, red-flag orders, firearm data and gun restrictions in public buildings.
• Second Amendment supporters gathered signatures to put the repeal question on the ballot.

The state's public defense attorneys will now be able to form a union and bargain collectively, according to the AP's early count.

• A question to allow single-family homes on residentially zoned lots of at least 5,000 square feet regardless of some local zoning rules was split 50-50 Wednesday morning, with just over 80% of votes counted, according to the AP.