Commission hears challenge to tipped worker ballot question

The Massachusetts State House in Boston

The Massachusetts State House in Boston

By CHRIS LISINSKI

State House News Service

Published: 07-11-2024 5:00 PM

Modified: 07-17-2024 2:56 PM


The national group pursuing a ballot question that would increase what Massachusetts employers must pay tipped workers faces a new 11th-hour obstacle that could imperil its fate.

A restaurant industry trade group higher-up filed an objection with state elections regulators Wednesday, alleging that an unspecified number of the voter signatures that backers of the tipped minimum wage question collected should not count toward the total needed to qualify.

If the State Ballot Law Commission deems about 140 or more of those voter signatures not to count, the measure could suddenly become ineligible to appear before voters in November.

Massachusetts Restaurant Association Director of Government Affairs Jessica Muradian, who filed the complaint, said she reviewed signatures filed and found “a lot of discrepancies.”

“I’d say the largest discrepancy is it looks like many times, there was one person signing for multiple signatures, and I just want to make sure we’re doing our due diligence,” she said.

One Fair Wage, the national group that has been pressing the ballot question here and in other states, criticized the complaint as “a blatant attempt to stop the democratic process from happening.”

“The only reason there is a challenge is that the corporate restaurant association has been fighting this initiative tooth and nail,” the group said in a statement not attributed to any specific individual. “It is clear they do not want to have a public debate about this issue because they know that when the public is presented with a clear case, our ballot question will win, and their position will lose.”

Secretary of State William Galvin confirmed Wednesday that all five ballot questions in the mix submitted enough certified voter signatures to his office to secure a spot on the ballot. Galvin certified 12,565 signatures for the tipped minimum wage measure, 136 more than the required threshold and the fewest of any of this year’s questions.

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On the same day, Muradian filed an objection with the State Ballot Law Commission. She made several allegations, including that the campaign filed “non-genuine” signatures, signatures that were “fraudulently obtained” and signatures of “people who are not registered voters.”

A Galvin spokesperson said the commission will hold a hearing to consider the objection on or after July 17. Before that point, ballot question opponents will need to submit a list of specific signatures to which they object, the spokesperson said.

Muradian declined to estimate Wednesday how many signatures are under scrutiny.

“When we bring them in front of the ballot commission, I’ll have an exact number,” she said.

The Mass. Restaurant Association has been fighting against the tipped minimum wage campaign for months, arguing that it would cut into restaurant profits and force higher prices for customers.

“We’ve heard from thousands and thousands of servers and bartenders that they do not want this, that they did not ask for this. They reached out to us for help,” Muradian said.

The group asked the Supreme Judicial Court to deem the measure ineligible for allegedly combining unrelated topics, but justices disagreed and allowed the question to advance.

State law requires businesses to pay workers at least $15 per hour, but employers can pay a minimum of $6.75 per hour to those who earn tips as long as the gratuities bring their total rate up to at least $15 per hour. If a worker does not earn enough tips to hit a combined $15 per hour, their employer must make up the difference.

The ballot question would gradually increase what businesses must pay to tipped workers until it mirrors the same statewide rate for all other employees. Servers, bartenders and other tipped workers could still earn tips at that point, which would be added on top of their pay.

Under the question, businesses could also create tip pools to share gratuities across all employees, including back-of-house staff who traditionally do not earn tips.

“The restaurant association is attempting to silence the voices of Massachusetts workers and voters because they know they will lose in a fair public debate,” One Fair Wage said in its statement. “We remain confident that we will prevail. Our commitment to fighting for fair wages for tipped workers is unwavering, and we will continue to stand up for the rights of all service industry workers.”

None of the other four other ballot questions on track to appear before voters face challenges before the State Ballot Law Commission. Galvin said he certified 21,551 signatures for a measure explicitly allowing the state auditor to audit the Legislature, 19,692 signatures for a measure eliminating MCAS exams as a graduation requirement, 18,084 signatures for a measure allowing Uber and Lyft drivers to unionize, and 13,073 signatures for a measure decriminalizing psychedelic substances.