Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.09 - Contributions by Credit or Debit Card

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of making and receiving
			 contributions by credit or debit card pursuant to M.G.L. c. 55, § 9 and
			 970 CMR 1.09, the following terms shall have the following meanings:
Cardholder
means the person or
				political committee whose name appears on a credit or debit card and who is
				directly liable for the payment of any credit extended or funds
				expended.
Card Issuing Bank
means the bank or
				other financial institution that issues a credit or debit card.
Credit Card
means a credit or debit
				card or other similar device issued by a card issuing bank or other business
				authorizing the cardholder to buy goods or services. For purposes of
				970 CMR
				1.00, credit card contributions also include
				contributions made from a contributor's bank account by electronic
				transfer.
Internet Transactions
include
				transactions made
via
a committee website, a committee
				vendor's website, a mobile application "app", crowd funding website or social
				media.
Paper Record
means a credit card
				receipt or other printed record documenting a credit card transaction.
Vendor
means a bank or other business
				authorized to process credit card transactions, or an individual or entity that
				provides services for campaign fundraising on the Internet to political
				committees.
(2)
Internet Transactions
. Except as provided in 970 CMR
			 1.09(2)(d), internet transactions may be received only if the contributor,
			 contemporaneously with the making of the contribution, certifies that the
			 contributor is using the contributor's own credit card, which is in the
			 contributor's name, and also certifies that the contributor's personal funds
			 are the true source of the contribution. In addition, the contribution may be
			 accepted only if the contributor, contemporaneously with the making of the
			 contribution, provides his or her name and residential address, and if the
			 amount contributed by a single contributor is $200 or more in the aggregate
			 during the calendar year, their occupation and employer. A political committee
			 may not, except as provided in 970 CMR 1.09(2)(d), process a credit card
			 transaction made
via
the Internet if the required
			 acknowledgment and contributor information is not provided contemporaneously
			 with the contribution.
(a)
Agreements with Vendors
. A political committee must
			 enter into an agreement with a vendor
i.e
., a "user agreement"
			 in order to receive contributions by credit card over the Internet. Any such
			 agreement must include procedures that the vendor will follow to ensure
			 compliance with M.G.L. c. 55, § 9, and 970 CMR 1.09. In addition to any
			 other requirements of 970 CMR 1.09, such agreement must demonstrate compliance
			 with the following:
1. The financial agreement
			 between the political committee and the vendor must be consistent with
			 customary and usual business practices.
2. The vendor may not provide a discount or
			 other financial incentive to a political committee that is not available to any
			 other candidate, political committee or the general public.
3. The committee must, in addition to being
			 responsible for any portion of contributions deducted during processing by the
			 vendor, also pay any applicable additional fees established by the
			 vendor.