Laws subject to a referendum
90 days
Legislation that is general and permanent in nature is subject to a referendum petition under Amendment Article 48 of the Massachusetts Constitution. When passed without an emergency preamble, it becomes effective 90 days after passage unless otherwise specified in the law. The delay gives voters time to begin the referendum petition process if voters want to repeal the law.
The 90 days excludes the date on which the law was passed, but includes weekends and holidays. In the case of a legislative override of a veto, the day of the override is excluded.
Immediately
If legislation that is subject to a referendum petition is passed with an emergency preamble, it is effective upon passage. This is barring any additional provisions specified in the law.
Upon receipt by secretary
If legislation that is subject to a referendum petition is passed with a governor's statement of emergency attached, it is effective when the statement is received by the secretary of the commonwealth. This is barring any additional provisions specified in the law.
30 days after election (Unsuccessful repeals)
Legislation that has been suspended during an unsuccessful referendum process takes effect 30 days after the election unless otherwise specified in the law.
Various (Specific provisions)
Legislation can also include additional effective date provisions, which are typically found in the last sections of the law.
Laws not subject to a referendum
30 days
Legislation that is not subject to a referendum petition and is passed without an emergency preamble typically takes effect after 30 days unless otherwise specified in the law. Special legislation often falls under this category. The 30 days excludes the date on which the law was passed, but includes weekends and holidays. In the case of a legislative override of a veto, the day of the override is excluded.
Laws that are not subject to a referendum include those that deal with:
- religious matters
- the appointment, qualification, compensation, tenure, and removal of judges
- the powers, creation or abolition of the courts
- specific cities or towns, or specific localities
- appropriating money for current or ordinary state expenses or for the expenses of departments, boards, commissions or institutions
Immediately
If legislation that is not subject to a referendum petition is passed with an emergency preamble, it is effective upon passage. This is barring any additional provisions specified in the law.
Upon receipt by secretary
If legislation that is not subject to a referendum petition is passed with a governor's statement of emergency attached, it is effective when the statement is received by the secretary of the commonwealth. This is barring any additional provisions specified in the law.
Various (Specific provisions)
Legislation can also include additional effective date provisions, which are typically found in the last sections of the law.
Resolves
Resolves take effect immediately upon passage unless the text of the resolve states otherwise.
Ballot questions
Constitutional amendments
Take effect when the election results are certified by the Governor and Governor's Council (usually in late November or early December) unless another effective date is specified.
Laws proposed by initiative petition
Take effect 30 days after the state election unless another date after the election is specified in the proposed law. However:
Courts have not definitively ruled on whether the thirty days is counted from Election Day or from the date that the election is concluded (certification of the election results). If you wish to ensure that your initiative takes effect immediately upon certification of the election results, it is suggested that you state in the measure itself that it is to become effective upon passage.
-- Guide to statewide ballot questions, Elections Division, Secretary of the Commonwealth, May 2025.
Referendum petitions
Successful repeals take effect when the election results are certified by the Governor and Governor's Council (usually in late November or early December); the Constitution does not provide otherwise.
Recommended resources
Handbook of legal research in Massachusetts, 5th ed., MCLE, 2023.
Legislative research and drafting manual, 5th ed., Massachusetts General Court, 2010.
Guide to statewide ballot questions, Elections Division, Secretary of the Commonwealth, May 2025.