Formal vs Informal Sessions

In the Massachusetts Legislature, formal and informal sessions differ primarily in their rules, procedures, and the type of business that can be conducted. The 2023-2024 session has been characterized as inefficient and unserious due to the fact that many high priority bills did not get passed and were pushed on the last day (July 31st) when legislator’s had months to get stuff done. As of August 2024, there are 15 major bills that had the potential to get passed if the legislature had not procrastinated. But the question remains - why is there this July 31st deadline if there’s 5 months left in the session? The answer: the difference between formal and informal sessions. Here's a breakdown of the differences:

Formal Sessions:

1. Voting Requirements: During formal sessions, roll call votes can be taken, meaning that each legislator's vote is recorded individually. Bills and other measures that require a recorded vote, such as the budget or significant legislation, are addressed in formal sessions.

2. Debate: Full debates are allowed, and legislators can propose amendments to bills. The debate can be lengthy, and more complex which means controversial legislation is usually handled in these sessions.

3. Quorum: A quorum, which is typically a majority of the members, must be present to conduct business. For the Massachusetts House of Representatives, a quorum is 81 members, and for the Senate, it's 21 members.

4. Time Frame: Formal sessions can be held throughout most of the year, but traditionally, they are held more frequently from January through July. After July 31st in even-numbered years, formal sessions typically cease until the next year. This is an unwritten rule of the legislature so that no major legislation is happening while legislators are distracted with campaigning. 

Informal Sessions:

1. Voting Requirements: In informal sessions, roll call votes are not taken. Instead, all decisions are typically made by voice vote, where unanimous consent is often required. The key difference here is that any single legislator present can object to a bill or motion, effectively stopping its progress.

2. Debate: Debate is limited, and amendments to bills are less common. Generally, only non-controversial or routine matters are addressed in informal sessions like home-rule petitions.

3. Quorum: A quorum is not required in informal sessions, meaning that business can be conducted with a smaller number of members present. Attendance is often lower, with sometimes only a handful of legislators present.

4. Time Frame: Informal sessions can be held year-round, including after July 31st in even-numbered years, when formal sessions typically end. They are often used to address less contentious or routine legislation when the full legislature is not in session.

Having two different types of sessions allows the Massachusetts Legislature to manage its workload effectively, handling critical issues in formal sessions while maintaining legislative momentum in informal sessions. But there’s much talk of legislators being called back to pass these 15 major bills that had many backers. 

The closest precedent was the close out supplemental budget in the fall of 2023 where democratic legislators muscled a controversial bill over the finish line in an informal session despite republican opposition. This could indicate that this legislature is willing to play hardball with informal sessions, and not accept that doubting the presence of a quorum drags everything to a halt. 

But one important note where this precedent might not work is with the largest outstanding bill - the Economic Development Bill - which has a major bonding component that requires a roll call vote. Meaning legislators will have to do a special formal session if they want to pass it, according to the state constitution (Article LXII, Section 3). There have been hints that leadership will call a special formal, however many experts doubt it. 

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