Massachusetts Right to Repair Initiative

Voting results by municipality. Of the state's 351 cities and towns, only Salisbury and Groveland had majorities opposing the measure. All other municipalities voted over 70% in support.

Elections in Massachusetts

General elections

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Special elections
Senate, 1944 Senate, 1962 1st district, 1991 9th district, 2001 5th district, 2007 Senate, 2010 Senate, 2013 5th district, 2013

State government

Gubernatorial elections
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State Senate elections
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State House elections
2006 2008
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2006

Ballot measures

1980
Proposition 2½
2002
English Language Education in Public Schools
2008
Greyhound Protection Sensible Marijuana Policy State Income Tax Repeal
2010
No Sales Tax for Alcohol Sales Tax Relief Comprehensive Permits and Regional Planning
2012
Right to Repair Death with Dignity Medical Marijuana
2014
Automatic Gas Tax Increase Repeal Expansion of Bottle Deposits Casino Repeal Paid Sick Days

Boston

Mayoral elections
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City council elections
2009 2011

The Massachusetts "Right to Repair" Initiative, also known as Question 1, appeared on the Massachusetts 2012 general election ballot as an initiated state statute. The Right to Repair proposal was to require vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers’ Massachusetts dealers and authorized repair facilities.^[1]^[2] The initiative passed with overwhelming voter support on November 6, 2012, with 86% for and 14% against.^[3] The measure, originally filed four times with the Massachusetts Attorney General, was filed by Arthur W. Kinsman, and was assigned initiative numbers 11-17.

On the last day of session, July 31, 2012, a legislative compromise was agreed to and H. 4362 passed. Despite the law going into effect, Question 1 remained on the ballot due to timing issues. Supporters and opponents of Question 1 had originally both stated that they would launch a campaign, together, to educate voters to vote "no" on the ballot measure in November, since the compromise was reached.^[4] However, The Massachusetts Right to Repair Committee decided that voters wanted the more stringent ballot initiative rather than the compromise legislation and were joined by AAA of Pioneer Valley in West Springfield and AAA of Southern New England in Providence in urging voters to vote YES on the initiative.^[5] After the ballot measure passed, the legislature passed H. 3757 to reconcile the two; this was signed by the governor on November 26, 2013.

Text of the measure

Ballot language

The ballot language of the measure reads as follows:^[6]

A YES VOTE would enact the proposed law requiring motor vehicle manufacturers to allow vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers’ Massachusetts dealers and authorized repair facilities.
A NO VOTE would make no change in existing laws.

Support

The following is information obtained from the supporting side of the measure:

The main proponents of the measure, and the group that organized the petition drive, is the Right to Repair Coalition.
The primary goal, according to advocates, was to expand consumer choice with respect to service centers, and increase number of independent shops that have the ability to repair vehicles.
During a legislative hearing on the measure, Ray Magliozzi, co-host of Car Talk, testified in favor of the legislation: “This legislation protects consumer choice and levels the playing field for independent repair shops. Right now, many repairers do not have access to the information and the customer pays big for that disadvantage.
State Representative Daniel Winslow stated at the same hearing that the measure should be passed by the legislature and not sent to the ballot, stating: "This legislation is about protecting customer choice, promoting safety, and saving consumers time and money. Consumers are enduring expensive dealership costs and the legislature has the ability to bring relief now. They need to act."

Opponents

Opponents claimed repair shops could already access the data to proprietary information they need and categorized the ballot proposal as a "power grab" by after-market parts manufacturers to "seize" proprietary information.^[7]

References

↑ The Sacramento Bee, "Consumers to Drive 2012 Massachusetts Right to Repair Vote", September 14, 2011
↑ Massachusetts Secretary of State, "Current Petitions Filed", Retrieved August 8, 2011
↑ "Right to Repair Question 1 - 2012 Massachusetts Election Results". Boston Globe. November 8, 2012. Retrieved November 10, 2012.
↑ 'CBS News, "Mass. 'Right to Repair' compromise signed into law", August 7, 2012
↑ http://www.masslive.com/politics/index.ssf/2012/10/massachusetts_right_to_repair.html Massachusetts 'right to repair' ballot question, No. 1, could force auto makers to share data
↑ Massachusetts Secretary of State, "2012 Information For Voters", Retrieved September 14, 2012
↑ Daily News Transcript, "Attention and lobbying shifts to house on auto repair issue", May 22, 2012

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