YOUTH JUSTICE VOTER GUIDE AND
LEGISLATIVE SCORECARD: MASSACHUSETTS 2020
ESSEX COUNTY
WELCOME LETTER
Each year, thousands of young people in Massachusetts come in contact with the juvenile justice system. These young people are disproportionately children of color, children from the child welfare system, children coming from areas of concentrated poverty, and LGBTQ children. For the majority of these young people, interactions with the juvenile justice system are overwhelmingly negative, and lead to poor outcomes and even increased delinquency. Progress in reforming our legal system into one that is fair and works to create positive outcomes for all system-involved youth, creating stronger and safer communities for everyone, is dependent on elected officials who support or oppose these reforms.
This non-partisan voter guide is intended to ensure that you, as a voter, know your rights and are informed in our decisions. The primary focus of this voter guide is to provide the voting record of state elected officials currently in office. We also compiled information on resources from MassVOTE and the Massachusetts Chapter of the League of Women Voters regarding candidate forums in contested elections.
This voter guide is intended for educational purposes. The above not-for-profit, non-partisan organizations do not endorse any candidates or political parties for public office.
Table of Contents
WELCOME LETTER
IMPORTANT VOTER INFORMATION
IMPORTANT ELECTION DATES
SPECIAL COVID-19 ELECTION LAWS: VOTE SAFELY BY MAIL
THE KEY ISSUES
QUESTIONS TO ASK CANDIDATES IN CONTESTED ELECTIONS CANDIDATES FOR GOVERNOR’S COUNCIL FOR EASTERN MASSACHUSETTS (DISTRICT 6) Cities and Towns to Vote for District 6 Governor’s Councillor
VOTING RECORD METHODOLOGY
KEY TO THE SCORECARD Essex County State Senators Essex County State Representatives
PARTNERS
IMPORTANT VOTER INFORMATION
Am I eligible to vote? You must be at least 18 years old, a US citizen on election day and registered to vote at least 10 days before the election. In Massachusetts, only individuals currently incarcerated on an adult felony conviction are ineligible to vote. You CAN VOTE even if you have a criminal record, are incarcerated pre-trial or for a misdemeanor conviction, are committed to the Department of Youth Services, are in foster care or are homelessness.
Am I registered to vote? You can find your voter registration status at RegisterToVoteMA.com. Once you are registered to vote, you do not need to register again unless you change your address, political party, or name.
Can I register to vote if I am younger than 18? If you are at least 16 years old, you can pre-register to vote. If you are at least 18 years old, you can register to vote. You can register or pre-register online at RegisterToVoteMA.com
Why are there two elections so close to each other? A Primary Election allows voters to choose candidates from one of three political parties (Democrat, Green Rainbow or Republican). The primary election winners from each party will face off in a General Election. The winners of the General Election will take office in January 2021.
Where can I find a sample ballot? You can find your sample ballot for the upcoming election at WhereDoIVoteMA.com
How can I vote before election day? Yes, you can vote early in-person and by mail. Check https://www.sec.state.ma.us/ele/eleev/evidx.htm for locations and hours of early in-person voting locations. See the next pages for mail-in vote information.
IMPORTANT ELECTION DATES
Primary Election General Election
Voter Registration Deadline Voter Registration Deadline August 22, 2020 October 24, 2020
Early Voting Dates (In-Person) Early Voting Dates (In-Person) August 22 to August 28, 2020. Check October 17 to October 30, 2020. Check https://www.sec.state.ma.us/ele/eleev/evidx.htm https://www.sec.state.ma.us/ele/eleev/evidx.htm for locations and hours. for locations and hours.
Deadline to request a vote-by-mail Deadline to request a vote-by-mail ballot** ballot** August 26, 2020 October 28, 2020
Primary Election Day** General Election Day** September 1, 2020 Tuesday, November 3, 2020
** Deadline dates are when your local election department receives the application and ballots (not the date you mail the envelope). Due to delays by mail, give yourself plenty of days before the mailing deadlines to apply for voting by mail, and for mailing your ballots. **
SPECIAL COVID-19 ELECTION LAWS: VOTE SAFELY BY MAIL
Due to the pandemic, all voting in 2020 elections can be done by mail to avoid crowded polling locations. This is a new law so all voters can be safe, but you need to make sure you do it correctly to make your vote count.
STEP 1: Ask for a ballot by mail • Fill out the application that was sent in the mail (the size of a postcard). • If you don’t have that application, you can apply online at MailMyBallotMA.com. • Make sure your information is up to date, especially if you moved since the last election! • Check the box to request ballots for ALL 2020 Elections. This will ensure that you receive ballots for both the primary on September 1st and the general election on November 3rd. • If you are “unenrolled”, but would like to vote in the primary, select which primary ballot you would like to receive. This will not enroll you in the party. • Sign and date your application. If your application is not signed it will not be processed, so make sure to sign before you send! • Tear off and drop it in the mail AS SOON AS POSSIBLE! NO POSTAGE REQUIRED. • Your local election agency must receive the application no later than August 26th.
STEP 2: Your local elections official sends you a ballot by mail. • Look for a large yellow envelope with the words” State Election Ballot Enclosed” • You must vote with the mail-in ballot.
STEP 3: You fill out the ballot and return it to your election official by mail or drop-off early in-person
• Vote on the ballot • Place your ballot in the yellow envelope and seal that envelope. • Sign the yellow envelope and print your name and address below your signature. • Place the signed envelope inside the white envelope and seal that envelope. • You can return the ballot by mail or in-person. No postage required.
How do I know if my ballot made it? What if I can’t mail my ballot? • You can track your mailed ballot at TrackMyBallotMA.com • If for any reason you were unable to mail your ballot or changed your mind, or your ballot did not make it to your local election department by election day, you can still vote in-person at your regular polling place.
Need more information? Check out SafeElectionsMA.org
THE KEY ISSUES
Shrinking the School-to-Prison Pipeline The “school-to-prison pipeline” refers to school discipline and policing practices and policies that drive students out of the classroom, away from a pathway to success, and towards or into the juvenile or criminal justice system. Frequent suspensions and expulsions remove students from their classrooms and disconnect them from their school community, increasing their risk of legal system involvement and dropping out of school. The over-criminalization of students involves increased policing, surveillance and arrest in school for behaviors better resolved through therapeutic or restorative approaches.
Racial Inequities in the Juvenile Justice System Massachusetts has one of the worst racial disparities for youth incarceration in the country despite more than a decade of reforms. While youth of color make up only 26% of the youth population in Massachusetts, they represent 73% of those arrested and 72%-74% of those who are detained or committed to the Department of Youth Services (DYS). Nationally, “LGBTQ youth are twice as likely to enter the juvenile system as their non-LGBTQ peers. LGBTQ youth of color face even starker disparities and comprise a staggering estimated 85% of LGBTQ youth in the justice system. Transgender individuals are nearly twice as likely to have been incarcerated as other LGBQ people, with transgender people of color reporting a rate of past incarceration four times higher than other LGBQ people.”** These disparities cannot be adequately explained by differences in youth behavior; instead, inequities stem from different policing and court processing practices in communities of color. Massachusetts currently fails to report crucial data at most of the significant decision points in the juvenile justice system by race, ethnicity, gender identity and sexual orientation. As a result, we know that Black, Latinx and LGBTQ youth are incarcerated at higher rates, but we lack any transparency into data on the decision points from arrest to incarceration. By using data – rather than hiding it –system leaders could see disparities where they occur and identify and evaluate policies or practices that drive youth deeper into the system.
Raise the Age of Juvenile Jurisdiction Past Age 18
Massachusetts tax payers spend the most on young people in the adult legal system, with the worst outcomes of any age group. Adolescents are highly amenable to rehabilitation as they grow and mature. However, older teens in Massachusetts are prosecuted as adults – and subject to the adult system’s focus on punishment and more severe collateral consequences. As a result, older teens have the highest recidivism rate of any age group, and double the rate for similarly situated younger teens in the juvenile system. The proposal to raise the age of juvenile jurisdiction past the 18th birthday would shift older teens into the juvenile justice system, where they must attend school and participate in rehabilitative programming that will improve youth outcomes and lower recidivism.
Expanding Expungement Eligibility There is overwhelming evidence of racial disparities against Black individuals at every stage of the legal system – from policing and profiling, court proceedings to sentencing, and every stage in between. A record can present unjust, lifelong barriers for housing, employment, and education and it’s our goal to make sure that as many people as possible have an opportunity for a clean slate. In 2018, Massachusetts passed legislation that created an opportunity to expunge juvenile and adult criminal records for people whose offense was charged prior to their 21st birthday. While this is a tremendous step forward, the law created a significant limit: there can only be one charge on the record. Anyone who has more than one charge or court case is ineligible for expungement. Expanding expungement eligibility allows (1) all non-convictions to be eligible for expungement; (2) changes the limitation on the number of cases on a record, to length of time since last conviction; and (3) limits the list of offenses ineligible for expungement to only those resulting a felony conviction.
** LGBTQ data quoted from: MA Commission on Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth FY2021 Report and Recommendations
Learn more about the issues at cfjj.org/the-issues
QUESTIONS TO ASK CANDIDATES IN CONTESTED ELECTIONS
This legislative scorecard is only able to document the votes of incumbent legislators. Information on contested seats is included in this guide, however, it does not include positions of non-incumbent candidates. If you are in a district with a contested election, you can ask all candidates their positions on these key issues.
Shrinking the School-to-Prison Pipeline The presence of police in schools has led to an increasing criminalization of young people, particularly young people of color, often for relatively minor transgressions that were rarely viewed as warranting law enforcement intervention in the past. There is little convincing evidence that the presence of police officers in schools has much effect on school safety at all, however, there is considerable evidence that the presence of police in schools increases school-based arrests for low-level, non-violent behaviors that have traditionally been the domain of school disciplinarians. Do you commit to repealing the Massachusetts law that requires police in every school district? Do you commit to supporting legislation that would require student, parent and teacher input on school policing decisions?
Racial Inequities in the Juvenile Justice System Massachusetts in one of the top five states with the most extreme racial disparities in the juvenile justice system, yet Massachusetts legislators have yet to pass legislation requiring transparency at major decision points (for example, arrest, diversion, detention, adjudication, and sentencing) by race, ethnicity, gender identity and sexual orientation. Do you commit to supporting legislation that would require data collection and data transparency to understand and address these disparities?
Raise the Age of Juvenile Jurisdiction Past Age 18 Massachusetts taxpayers spend the most on young people in the adult legal system, who end up having the worst outcomes of any age group. The automatic prosecution of older teens as adults – with its focus on punishment and more severe collateral consequences – has resulted in that age group having the highest recidivism rate of any age group, and double the rate of similarly situated younger teens in the juvenile system. Do you commit to supporting legislation that would raise the age of juvenile jurisdiction to include 18-, 19-, and 20-year-olds in order to ensure more young people mature as responsible and productive adults in our communities?
Expanding Expungement Eligibility The newly created juvenile expungement statute has very strict eligibility criteria further exacerbating racial disparities by limiting who would be eligible to get their records expunged. Young people with a record who have not reoffended within three to four years are at no greater risk of offending than the general population. Yet these records can bar young people from housing, employment, college, and the military. Do you commit to supporting legislation that would expand expungement eligibility, particularly for young people who have more than one case on their record?
CANDIDATES FOR GOVERNOR’S COUNCIL FOR EASTERN MASSACHUSETTS (DISTRICT 6)
The Governor’s Council is responsible for investigating, confirming or rejecting judges and parole board members nominated by the Governor and serve as an important checks and balances role on these decisions. There are currently no councillors of color although the councillors are meant to represent all of the state’s residents. Because judges are key decision makers in the legal system, Governor’s Councillors’ decisions impact key youth justice issues:
• Judges’ perspectives on youth development as it applies to the cases of young people in Juvenile, District and Superior courts; • Judges’ decisions on racial equity in pre-trial detention and sentencing; • Parole board members’ perspectives on rehabilitation and youth development for individuals who were sentenced in their youth.
Helina Fontes (D) Terrence Kennedy (D) Campaign: Campaign: https://www.helinafontes.com https://www.facebook.com/Terrenc e-Kennedy-Governors-Councilor- Questionnaire: 1041060392597763/ http://www.progressivemass.com/2 020questionnaire -fontes Questionnaire: not available
Cities and Towns to Vote for District 6 Governor’s Councillor
Essex County: Lynn, Lynnfield, Marblehead, Nahant, Saugus, Swampscott
Middlesex County: Cambridge, Everett Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester
Suffolk County: Boston (East Boston, Charlestown, North End, West End, Downtown, Beacon Hill, and parts of the South End and Allston/Brighton)
VOTING RECORD METHODOLOGY
The legislator score card tracks the sponsorship and voting record of incumbent legislators on key youth justice issues from the 2017-2018 and 2019-2020 legislative sessions. Legislators can formally endorse policies as (1) a lead champion who files the legislation or an amendment to a bill; (2) a co-sponsor of legislation or an amendment to a bill; or (3) a formal vote if the bill or amendment has a recorded vote.
KEY TO THE SCORECARD
Lead Supportive Vote Oppose (blank) No recorded position Champion or Co-Sponsor
Shrinking the School-to-Prison Pipeline 2017-2018 Session: House Bill 328; Senate Bill 876; Amendment #58 (no vote) to Senate Bill 2185 2019-2020 Session: House Bill 531; Senate Bill 297; Amendments #1 and #88 to House Bill 4860; opposition marked by sponsorship of Amendments #111, #144, #168, and #206 to House Bill 4860
Racial Inequities in the Juvenile Justice System 2017-2018 Session: House Bill 2489; Senate Bill 1290; Amendment #1019 to FY2019 House Budget; Amendment #997 to FY2019 Senate Budget 2019-2020 Session: House Bill 2141; Senate Bill 1386
Raise the Age of Juvenile Jurisdiction past 18 2017-2018 Session: House Bill 3037; House Bill 3078; Senate Bill 816; Amendments #141 and #148 to House Bill 4011; Amendment #26 (no vote) to Senate Bill 2185 2019-2020 Session: House Bill 3420; Senate Bill 825; Amendment #103 to House Bill 4860
Expanding Expungement Eligibility 2017-2018 Session: House Bill 2309; Senate Bill 944; Amendments #160 and #192 to House Bill 4011 2019-2020 Session: House Bill 1386; Senate Bill 900; Amendment #166 to House Bill 4860
Learn more about these bills at cfjj.org/advocacy
Essex County State Senators
School to Prison Racial Inequities in Expanding Other Candidates Raise the Age Pipeline the JJ System Expungement for this Seat Brendan Crighton (D) uncontested
3rd Essex Cities/Towns Represented Lynn, Lynnfield, Marblehead, Nahant, Saugus, Swampscott
Diana DiZoglio (D) 1st Essex uncontested
Cities/Towns Represented Haverhill, Newburyport, Amesbury, Merrimac, Methuen, North Andover, Salisbury
Barry Finegold (D) nd 2 Essex and uncontested Middlesex
Cities/Towns Represented Lawrence, Andover, Dracut, Tewksbury
Joan Lovely (D) 2nd Essex uncontested
Cities/Towns Represented Beverly, Peabody, Salem, Danvers, Topsfield
Bruce Tarr (R) 1st Essex and uncontested Middlesex Gloucester, Boxford, Essex, Georgetown, Groveland, Hamilton, Ipswich, Manchester-by-the-Sea, Cities/Towns Represented Middleton, Newbury, North Andover, Rockport, Rowley, Wenham, West Newbury, North Reading, Wilmington
Essex County State Representatives
School to Prison Racial Inequities in Expanding Other Candidates Raise the Age Pipeline the JJ System Expungement for this Seat Daniel Cahill (D) uncontested 10th Essex
Cities/Towns Represented Lynn
Peter Capano (D) 11th Essex uncontested
Cities/Towns Represented Lynn, Nahant
Linda Campbell (D) uncontested 15th Essex Cities/Towns Represented Haverhill, Methuen
Marcos Devers (D) 16th Essex uncontested
Cities/Towns Represented Lawrence
Lori Ehrlich (D) 8th Essex uncontested
Cities/Towns Represented Lynn, Marblehead, Swampscott
School to Prison Racial Inequities in Expanding Other Candidates Raise the Age Pipeline the JJ System Expungement for this Seat Ann-Margaret Ferrante (D) Uncontested 5th Essex
Cities/Towns Represented Essex, Gloucester, Rockport
Bradford Hill (R) 4th Essex Uncontested
Cities/Towns Represented Hamilton, Ipswich, Manchester-by-the-Sea, Rowley, Topsfield, Wenham
James Kelcourse General Election: (R) st Amber Hewett (D) 1 Essex Cities/Towns Represented Amesbury, Newburyport, Salisbury
Leonard Mirra (R) General Election: nd 2 Essex Christina Eckert
(D) Cities/Towns Represented Boxford, Georgetown, Groveland, Haverhill, Merrimac, Newbury, West Newbury
Christina Minicucci (D) uncontested 14th Essex
Cities/Towns Represented Haverhill, Lawrence, Methuen, North Andover
School to Prison Racial Inequities in Expanding Other Candidates Raise the Age Pipeline the JJ System Expungement for this Seat Frank Moran (D) Primary Election: 17th Essex Marianela Rivera
(D) Cities/Towns Represented Andover, Lawrence, Methuen
Tram Nguyen (D) Primary Election: 18th Essex Jeffrey DuFour (R) Shishan Wang (R)
Cities/Towns Represented Andover, Boxford, North Andover, Tewksbury Jerald Parisella (D) Primary Election: 6th Essex Richard Canavan-
Wagner (D) Cities/Towns Represented Beverly
Theodore Speliotis Primary Election: (D) Sally Kerans
13th Essex General Election: Robert May (R) Cities/Towns Represented Danvers, Middleton, Peabody
Paul Tucker (D) 7th Essex uncontested
Cities/Towns Represented Salem
School to Prison Racial Inequities in Expanding Other Candidates Raise the Age Pipeline the JJ System Expungement for this Seat Andres Vargas (D) 3rd Essex uncontested
Cities/Towns Represented Haverhill
Thomas Walsh (D) 12th Essex uncontested
Cities/Towns Represented Peabody
Donald Wong (R) 9th Essex uncontested
Cities/Towns Represented Lynn, Saugus, Wakefield
Want to read more about the candidates for all Massachusetts races at https://onyourballot.vote411.org/race-index.do?c=21249209
PARTNERS
Citizens for Juvenile Justice (CfJJ) is the only independent, non-profit, statewide organization working exclusively to improve juvenile justice, and other youth serving systems, in Massachusetts. Visit us at: www.cfjj.org
Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders (GLAD) works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. Visit us at: www.glad.org
The Massachusetts Voter Table advances civic access, engagement, and representation to increase resources and power for people of color and working- class people toward achieving a multiracial democracy. MVT convenes a statewide coalition of community organizations to integrate voter engagement with grassroots organizing in service of a shared agenda for economic and racial justice.
Strategies for Youth was founded in 2010 to improve relations between police and youth, with a focus on youth of color, and to prevent unnecessary arrests of young people. We advance a trauma-informed, developmentally-appropriate orientation to policing, using a service model that includes: (1) training for law enforcement in adolescent psychology and the effects of trauma on youth behavior; (2) education for young people about the law and how to avoid legal risk during interactions with police; and (3) original research aimed at advancing systemic change to the ways in which police are recruited, trained, and held accountable.