Massachusetts Voters Open Governor, Legislature to Records

Question 1 extends the state's public records law to cover the governor's office and the Legislature, leaving Michigan as the only state with a full exemption.

Updated on Nov. 4, 2026 in Government

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Massachusetts voters approved Question 1 with about 86% of the vote, bringing the governor's office and state Legislature under the state's public records law. AI Illustration. Upload story photo >

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Should Michigan's governor and state legislature be subject to public records requests?

Massachusetts voters approved Question 1 with about 86% of the vote, placing the governor's office and state Legislature under the state's public records law. Some records remain private, including lawmakers' communications with constituents seeking help.

Why it matters

The measure closes a gap that left Massachusetts and Michigan as the only two states exempting both the governor's office and the Legislature from public records requests. Michigan's open-records debate remains stalled after a bipartisan Senate package has not received a vote in the state House.

Question 1 passed with about 86% of the vote, with the count about 94% complete when reported. Michigan's Senate passed a bipartisan records package 33-2 in January 2025, but it has not received a vote in the Republican-led state House.

The players

Maura Healey

Governor of Massachusetts who said she would veto any attempt to rewrite Question 1 and whose office is now subject to the state's records law.

Jocelyn Benson

Michigan gubernatorial figure expected to open the governor's office to Michigan's Freedom of Information Act on her first day in office.

Diana DiZoglio

Massachusetts State Auditor weighing legal action if lawmakers pass their own version of the records measure.

The details

The measure extends the existing state records law to the governor's office and Legislature, making contracts, spending records and settlement agreements available once it takes effect. Records used to develop policy remain shielded only while that policy is being written, and Gov. Maura Healey has said she would veto any attempt to rewrite Question 1.

Timeline

  1. 1976: Michigan passed its public records law exempting the governor and Legislature from the start.

  2. 2018: Gov. Gretchen Whitmer promised to open the governor's office to Michigan's FOIA but never followed through.

  3. January 2025: Michigan's Senate passed a bipartisan records package 33-2.

  4. November 3, 2026: Massachusetts voters approved Question 1.

  5. January 2027: The Massachusetts records change takes effect.

Political Context

Michigan's 1976 public records law exempted the governor's office and Legislature from the start, and Massachusetts is now the second state to bring both under public records requests. Republican opposition in Michigan's state House has kept a bipartisan Senate package from advancing.

Once the change takes effect, Massachusetts residents will be able to request contracts, spending records and settlement agreements from the governor's office and Legislature. Constituent communications with lawmakers will remain private under the measure.

The takeaway

Voters in both states are testing whether public records laws should reach the officials who write them. Massachusetts has now answered yes at the ballot box, while Michigan's answer is still pending in its state House.

What happens next

The Massachusetts records change takes effect in January 2027, and Michigan's gubernatorial transition is expected to bring the governor's office under FOIA on Benson's first day in office.

Further reading

Explore more Massachusetts Government coverage on how state records law applies to elected officials.

Live Poll

Should Michigan's governor and state legislature be subject to public records requests?