In 1997, a group of prisoners formed a political action committee to lobby the Massachusetts state legislature on criminal justice issues. Elected officials and voters were outraged. Paul Cellucci, the acting governor of Massachusetts, proposed a constitutional amendment to “disenfranchise all incarcerated individuals, whether felons or misdemeanants.” The Massachusetts legislature did not enact the amendment, but struck the misdemeanant provision and incorporated the remaining text into a different proposed amendment that would disenfranchise only those currently incarcerated for felonies. This was Article 120, which amended Article 3 of the “Articles of Amendment” section of the original Massachusetts Constitution. Massachusetts voters passed Article 120 via a state-wide referendum, with over 60% voting “yes.” The amendment took effect on December 6, 2000.

Document C

An excerpt from the Article 3 of the Massachusetts Constitution before it was amended in 2000 by Article 120, and the amended version of Article 3.

“Article 3. Every citizen of eighteen years of age and upwards, excepting persons under guardianship and persons temporarily or permanently disqualified by law because of corrupt practices in respect to elections who shall have resided within the town or district in which he may claim a right to vote…”

“Article 3 (Amended). Every citizen of eighteen years of age and upwards, excepting persons who are incarcerated in a correctional facility due to a felony conviction, and excepting persons under guardianship and persons temporarily or permanently disqualified by law because of corrupt practices in respect to elections who shall have resided within the town or district in which he may claim a right to vote …”

Document D

This is an excerpt from an Information for Voters Guide that presented information to the voters about Article 120, which amended Article 3.

“When someone in Massachusetts is sentenced to jail for committing a felony, we deprive them of their liberty and right to exercise control over their own lives, yet current law allows these same criminals to continue to exercise control over our lives by voting from prison. This amendment will change the law that gives jailed criminals the right to vote.

“Massachusetts is one of only three states in our nation where felons serving time may vote while in jail. Voting yes on this important question will make the Commonwealth the 48th state to prohibit the practice of allowing convicted criminals to vote from jail. This change discriminates against no one except jailed criminals.”