Massachusetts is keeping the state income tax, softening penalties for marijuana possession and ending dog racing.

In addition to choosing Barack Obama for president and deciding a variety of state races, Bay State voters weighed in on three binding ballot questions Tuesday.

Question 1, a measure that would repeal the state income tax, was rejected. Question 2, a measure to reduce penalties for possession of an ounce or less of marijuana, was approved. And Question 3, a measure to banish greyhound dog racing from the state by 2010, was also approved.

"I think these ballot questions are very important," said Michael Lucey, 57, of Easthampton, who was holding a "Vote No on Question 1" sign outside a polling place Tuesday. "I don't know just how devastating it would be if (Question 1) passed, but I know it would be devastating."

Tax issue defeated

Massachusetts voters resoundingly nixed ballot Question 1, which would have eliminated the state income tax, a revenue stream that supports 40 percent of Massachusetts' operating budget.

At press time the vote was 3 to 1 maintain the 5.3 percent on earned income.

"Thank goodness the voters did their homework and didn't let their emotions drive their decision. That's really great," said State Sen. Stanley C. Rosenberg, a Question 1 opponent who won re-election Tuesday.

Question 1 critics said that if approved, the measure would have resulted in cuts in state-sponsored services such as health care and education.

Rosenberg stressed the responsibility lawmakers have to spend revenues generated by the state income tax wisely.

"Just because this was defeated does not free us from the responsibility of dealing with the fiscal crisis," Rosenberg said. "We have to continue to work and find more efficiencies and better ways of making these public investments."

In Hampshire County, residents voted to keep the income tax by a large margin, with 12,448 against Question 1 (81 percent of the votes cast) and 5,392 in favor of it.

Results remained unavailable early this morning for Amherst.

"We need the income tax in order to survive," said Henning Ohlenbusch, 39, of Northampton, after voting at Jackson Street School Tuesday evening. "Taxes are there for a reason."

Proponents said stripping $12.5 billion from the budget would have forced state lawmakers to be more responsible in their spending. The measure would have also put an additional $3,700 in the average taxpayer's pocket, supporters said.

"I thought it would be closer," said Greg Collins, a UMass student and Question 1 proponent, on the final vote.

"People need to realize that the state Legislature on Beacon Hill is really undermining Massachusetts residents when they use this money with no accountability to see if they use it the right way," added Collins, who listed the Big Dig and large public employee pensions as examples of wasteful state spending.

Marijuana penalties

Question 2, a measure that will ease marijuana penalties for people found in possession of an ounce or less of the illegal substance, received 65 percent of the vote statewide with 77 percent of the precinct reporting.

In Hampshire County, voters approved the measure by a vote of 45,693 (70 percent) to 19,908, not counting Amherst's tally.

With the question's approval, people caught with an ounce or less of marijuana will no longer be subject to criminal penalties.

Instead they will have to relinquish the drug and pay a $100 civil fine. Anyone under age 18 arrested with an ounce or less of pot will have to attend a drug awareness course or face a stiffer $1,000 penalty. The new protocol goes into effect in 30 days.

Donovan Parker, a 46-year-old Northampton father, said he supports softer marijuana penalties to protect his children and casual smokers. Parker said many children experiment with marijuana and they should not have to carry a criminal record if they are caught with the drug.

"It's a shame to see some guy get caught with a little bit and it follows him the rest of his life. That's ridiculous, if you ask me," Parker said.

Northwestern District Attorney Elizabeth D. Scheibel, an opponent of Question 2, said the measure passed because voters do not understand the negative effects of pot use and they lacked information on the impact of easing marijuana laws.

"We're just going to have to ramp up the education to the extent that we can and try to continue to get kids to understand that they're doing the right thing by not engaging in marijuana use," Scheibel said.

Ban on dog racing

Voters also approved Question 3, a measure that will force the state's two greyhound racing tracks to close by Jan. 1, 2010. At press time, the measure had 56 percent of the vote with 77 percent of the precincts reporting.

In Hampshire County, minus Amherst's results, voters approved the measure with 47,262 votes (73 percent) in favor and 17,788 against.

"I think we're civilized enough and we don't need dog racing," said Sally Fuller, a Northampton woman voting at Jackson Street School.

Opponents of the measure lamented the loss of the approximately 1,000 jobs created by Bay State greyhound racing tracks.

"We support keeping dog racing," said Angel Martinez, a Northampton man outside Jackson Street School. "It's unfair to other people and even families to bring on a situation where they could lose their jobs."

Kristin Palpini can be reached at kpalpini@gazettenet.com.